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february 1965

Supreme Court of India · 1965-02-16

HUKUMCHAND GULABCHAND JAIN vs FULCHAND LAKHMICHAND JAIN AND OTHERS

Citation / case number
SC 1962/249
Court
Supreme Court of India
Petitioner
HUKUMCHAND GULABCHAND JAIN
Respondent
FULCHAND LAKHMICHAND JAIN AND OTHERS
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that the appellant, a trustee of a public temple, was not liable to pay compound interest on trust funds as it was not proven that the funds were used in his business. The Court ruled that interest could only be charged on equitable grounds, specifically simple interest at 4% per annum, since the appellant retained the principal uninvested for over twenty years. The Court clarified that the rule of damdupat does not apply to trustees as they are not considered borrowers of trust funds, thus upholding the High Court's decision to remand the case for further ascertainment of the amount due to the temple.

HUKUMCHAND GULABCHAND JAIN vs FULCHAND LAKHMICHAND JAIN AND OTHERS · Niyam