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Report No. 63

7.16. Recommendation to add right to interested in some cases.-

We have enumerated above the situations where interest should be a matter of right, in the sense that it should be awarded unless there are reasons to the contrary. We shall indicate, in due course, the precise amendment to be made1 in this regard. We may, at this stage, sum up the situations as follows:-

(a) where money or other property has been deposited as security for the performance of an obligation imposed by law or contract, from the date of the deposit;

(b) where the obligation to pay money or restore any property arises by virtue of a fiduciary relationship, from the dateoof the cause of action;

(c) where money or other property is obtained or retained by fraud, from the date of the cause of action;

(d) where the claim is for dower or maintenance, from the date of the cause of action.

1. See para. 8.1, infra.

Interest Act, 1839 Back

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