Section 34 of the Code of Civil Procedure, 1908 to apply
Section 5 of the Interest Act, 1978 deals with section 34 of the Code of Civil Procedure, 1908 to apply. Nothing in this Act shall affect the provisions of section 34 of the Code of Civil Procedure, 1908 (5 of 1908). The Act came into force on 19 Aug 1981.
Nothing in this Act shall affect the provisions of section 34 of the Code of Civil Procedure, 1908 (5 of 1908).
Section 5, The Interest Act, 1978 (Act 14 of 1978).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Best Choice Enterprises v. M/s J. Sons Agencies
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2011-02-14 (order-1.pdf; body “Date of Judgment: 14.02.2011” / “FEBRUARY, 14, 2011” matches index): second appeal confined to interest quantum on a cheque-recovery decree awarded at 18% p.a. with no contractual rate. Court held Interest Act 1978 allows interest not exceeding the current rate, and CPC s.34(1) independently governs pendente lite (reasonable rate) and post-decree interest (statutory 6% where no contract); modified to 12% from demand to realisation as the 1993 current-rate ceiling.
On this section: s.5 keeps CPC s.34 operative with the Interest Act — courts must still apply s.34’s pendente lite / post-decree framework rather than treating the Interest Act as displacing CPC interest rules.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 5
What have the courts held on Section 5 of the Interest Act?
Best Choice Enterprises v. M/s J. Sons Agencies (14 Feb 2011) is the leading judgment on this section among those set out below: s.5 keeps CPC s.34 operative with the Interest Act — courts must still apply s.34’s pendente lite / post-decree framework rather than treating the Interest Act as displacing CPC interest rules.
How do I find court cases under Section 5 of the Interest Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Interest Act 1978 5, section 5 Interest Act 1978, section 5 of the Interest Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Best Choice Enterprises v. M/s J. Sons Agencies (14 Feb 2011).
When did Section 5 of the Interest Act come into force?
Section 5 of the Interest Act, cited as Interest Act 1978 5, came into force on 19 Aug 1981, having been enacted on 31 Mar 1978. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Power of court to allow interest453 words
- 4. Interest payable under certain enactments193 words
- 2. Definitions189 words
- 6. Repeal and saving127 words
- 1. Short title, extent and commencement46 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.