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comprehensively applies to every covenant involving a penalty
whether it is for payment on breach of contract of money or delivery
of property in future, or for forfeiture of right to money or other
property already delivered. Duty not to enforce the penalty clause
but only to award reasonable compensation is statutorily imposed
upon Courts by S. 74. In all cases, therefore, where there is a
stipulation in the nature of penalty for forfeiture of an amount
deposited pursuant to the terms of contract which expressly provides
for forfeiture, the Court has jurisdiction to award such sum only as
it considers reasonable, but not exceeding the amount specified in
the contract as liable to forfeiture.”
After reading the entire evidence that had been recorded, the Constitution
Bench found that the value of the property had not depreciated and,
therefore, no damages could be awarded.