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Report No. 55

Rate of Interest for The Period After Decree and Interest on Costs Under Sections 34 and 35, Code of Civil Procedure, 1908

Contents
1 - 2 Genesis of the Report
3 Present Law
4. Section 34, Code of Civil Procedure
5. Interest prior to suit
6. Interest subsequent to suit
7. Summary of the present position
8. Rationale of interest
9. Other provisions as to interest
10. History of section 34
11. History of section 35
12. Difference between present section and unamended section
13. Discretion still retained
14. Position under Order 20, rule 11, C.P.C.
15. Reasons for the amendment of 1956
16. Amendments made on the basis of social justice
17. Change made by Joint Committee
18. Shri Raghavachari's dissenting note
19. Explanation of change by Minister of Legal Affairs
20 - 21 Arguments on opposite side
22. View of Shri Tek Chand as to interest on costs
23. Apprehension as to likelihood of delay
24. Discretion under old section supported
25. Shri Mathur's objection to the amendment
26. Objections to interest on costs being disallowed
27. Minister's reply
28. Points for consideration
29. Rate of interest after decree-Justification for reverting to old position in case of commercial transactions
30. Argument of security
31. Provision in Motor Vehicles Act
32. Desirability of amendment
33. Guidelines proposed
34 - 35 Article 38 considered
36. Provision in Money-lenders Act
37. Discretion dependent on circumstances
38. Varieties of monetary liabilities
39. Interest on aggregate
40. Interest on costs
41. Recommendation for amendment of section 34


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