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Judiciary »The claim for delay in payment of municipal claims was annulled


The General Assembly of the Court of Administrative Justice ruled;

The General Assembly of the Court of Administrative Justice annulled the regulation of the Islamic Council of Tehran regarding the claim for compensation for delays in the payment of urban and municipal claims.

According to the Public Relations of the Court of Administrative Justice, with a complaint to the Islamic Council of Tehran, requesting the annulment of Note 11 of Resolution No. 15049-2471-160 dated 30/5/97 under the title of how to obtain the claims of the urban planning and municipality of Tehran, after discussion in The General Assembly meeting, considering that in various votes, the collection of fees and late fines from the debts of the municipalities has been recognized as illegal, the mentioned regulation was also against the law and outside the limits of authority and was annulled. Also, according to the theory of letter number 99/102/16820 dated 21/2/99 of the Guardian Council stating that the duties in the said decree are religious and the order of the effects of religion on it, including compensation for delay in payment, which has special rules and conditions, is against Sharia. Known.

Note 11 of Resolution No. 15049-2471-160 states; In case of non-payment of any of the installments on time by Modi, the debt resulting from the said installment has become current according to the single article of the Inquiry Law, Additional Note to Article 2 of the Law on Amending Articles of the Check Issuance Law approved by the Expediency Council on 9/77/77. / 21 which stipulates that late payment damages based on the inflation rate from the date of the check until its receipt, announced by the Central Bank of the Islamic Republic of Iran, and court fees and attorney’s fees based on legal tariffs, will be subject to late payment damages.

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