with a specific statement
inter alia that the amount equivalent to liquidated damages for delay
in supply of pipes would be recovered from the respondent ... liquidated damages. That
deduction was disputed by the respondent and, therefore, dispute was
referred to the arbitral tribunal. The arbitral tribunal arrived at the
conclusion
liable to pay a further sum of Rs. 25,000/- as
damages, apart from the aforesaid sum of Rs.
25,000/- to the vendee ... informed the plaintiff by a telegram that the latter was
responsible for damages as he had failed to complete the
contract. The plaintiff
entered a time barred
claim and (ii) that the Arbitrator had awarded damages to the
claimant under category ... held that where the parties have
deliberately specified the amount of liquidated damages,
there can be no presumption that they at the same time
intends
Indian Contract Act (9 of 1872),
s. 74-Stipulation of amount of damages in contract-Claim for
damages for branch--If claim for liquidated ... unliquidated
damages.
'Sums due,' meaning of.
HEADNOTE:
A dispute arose regarding the performance of a contract
between the appellant and respondent, each party
Construction of agreement, if such a question--Breach
of contract--Liquidated damages--Constitution of India, Art.
133(1).
HEADNOTE:
The appellants were appointed managing agents ... with the provi-
sions thereof the appellants would be entitled to liquidated
damages "of not less than Rs. 6,000" per month
contract is legally impermissible under the Indian Contract Act . As
regards liquidated damages, the Court would have to scrutinize the
pleadings as well as evidence ... penalty, but rather as a fair pre-estimate
of what the damages are likely to arise in case of breach of the contract.
No evidence
Government claiming amounts for the
raw-materials supplied and the respondents claiming damages
for the breach thereof.
505
The disputes under the first two contracts ... respondents, and the latter on
their side setting up a claim for damages. Further, though
the earlier two contracts were settled on September
Contract Act, 1872 --s. 73 --Agreement--Clause
12Interpretation of--Right to assess damages when
arises--Damages for breach of condition of agreement--As-
sessment ... body and not by par-
ties to the contract.
Revenue Recovery Act --Damages for breach of conditions
of contract--Whether recoverable as arrears of land
certain valuable hereditaments on Malabar Hill in Bombay with claims for damages additional or alternative all in terms of Section 19 of the Specific Belief ... claim for specific performance; that he would instead, at the trial claim damages against the defendant for her breach of contract, and that he assessed
contract by a defaulting party would not entitle other side to claim
damages unless said party has in fact suffered damages because of such
breach ... Section 74 of the Indian Contract Act deals with the
measure of damages in two classes of cases (i) where the contract names
