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Report No. 63

7.7. Question of enumerating the cases considered.-

The fundamental question, however, to be considered is, whether, where there are special circumstances creating an equity, it is still necessary to deal with the matter on a level of discretion to be exercised in each individual case, or whether the emphasis should not be shifted to the other side, that is to say, where a monetary claim has arisen in certain special circumstances, interest should not, prima facie, be claimable unless there are special reasons to the contrary.

Interest Act, 1839 Back

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