Topic

Civil Recovery

3 articlesLatest May 2026
Section 34 CPC | Future Interest in Non-Commercial Agreements Capped at 6% p.a. Regardless of Contractual Terms : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 34 CPC | Future Interest in Non-Commercial Agreements Capped at 6% p.a. Regardless of Contractual Terms : Punjab & Haryana HC

Punjab & Haryana High Court rules that Section 34 CPC overrides contractual interest rates in non-commercial agreements, limiting future interest to 6% per annum even if parties agreed to higher rates. The judgment reinforces statutory protections in private residential transactions, impacting sellers defaulting on sale agreements.

Order XXXVIII Rule 5 CPC | Pre-Judgment Attachment Must Be Proportionate to Suit Amount: Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Order XXXVIII Rule 5 CPC | Pre-Judgment Attachment Must Be Proportionate to Suit Amount: Punjab & Haryana HC

The Punjab & Haryana High Court ruled that pre-judgment attachment of property under Order XXXVIII Rule 5 CPC must be proportionate to the claimed amount, setting aside an order attaching ₹1.1 crore worth of land for a ₹24.17 lakh suit. The decision reinforces that courts must ensure attachments do not exceed the financial stakes of the dispute, protecting defendants from disproportionate asset seizures.