Code of Civil Procedure, 1908 · Chapter I: Suits in General · Interest
Section 34: Interest
(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, [with further interest at such rate not exceeding six per cent. per annum as the Court deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit :
[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.
Explanation I.—In this Sub-section, "nationalised bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
Explanation II.— For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of further interest [on such principal sum] from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 34
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Odisha State Financial Corporation v. Vigyan Chemical Industries and Others
The High Court dismissed the writ petition filed by the appellant u/Art.227 of the Constitution of India, challenging the civil proceedings and the orders passed by the Courts below regarding the computation of interest…
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I.K. Merchants Pvt. Ltd. & Ors. v. The State of Rajasthan & Ors.
Issue arose as regards the appropriate rate of interest to be awarded on the enhanced valuation of shares sold by the appellants to the Respondent No.1-State in 1973 as determined by the High Court and affirmed by…
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Dr. Poornima Advani & Anr. v. Government of NCT & Anr.
Whether in the facts and circumstances of the case, the Appellants would be entitled to claim interest on delayed stamp duty refund, in the absence of a provision in the statute to that effect.
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M/S Tomorrowland Limited v. Housing and Urban Development Corporation Limited and Another
Whether HUDCO was in breach of its reciprocal contractual obligations under the allotment letter dated 31.10.1994, and whether the appellant was entitled to refund of the forfeited amount in terms of cl.5(vi) of the…
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North Delhi Municipal Corporation v. M/s. S.A. Builders Ltd.
Whether the Arbitrator had become functus officio after passing of the award dated 16.12.1997 and had no jurisdiction to issue the clarification dated 15.03.2005.
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M/s D. Khosla and Company v. The Union of India
Arbitrator passed award granting interest for two periods-(i) Pre-award period, from the date of completion of the work up to the date of the award @ 12% per annum (simple interest); and (ii) Post-award, from the date…
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