contract upon giving a notice therefor. In
absence of such a notice, damages could not be claimed. Reliance
in this behalf has been placed ... thus, in terms of
Section 55 of the Indian Contract Act, damages were payable. Even in terms
of the main contract between BSCL and ONGC
January, 1995, for recovery of
Rs.25,38,58,000/- as damages (for non-disbursal of the loans) with interest ... excluding the
jurisdiction of the civil court to entertain a suit for damages filed by the
borrower against the bank, or enabling the bank
filed a civil suit before the Assistant
District Judge, Alipur, claiming damages for the institution of
disciplinary proceedings against him by the appellant and also ... recovery of the sum of Rs.5,00,000/- as
compensation of damages;
Costs of suit;
Some other relief or reliefs."
The trial court
protection of life and property of the Sarafs and for payment of damages for
damages allegedly caused to them. By an order dated
entitled for full compensation. The injured person must be compensated in damages for the loss he suffers on account of the injury. Lord Blackburn stated ... theory of full and fair compensation as follows:
"13. The damages for vehicular accidents are in the nature of compensation in money for loss
January, 1995, for recovery of
Rs.25,38,58,000/- as damages (for non-disbursal of the loans) with interest ... excluding the
jurisdiction of the civil court to entertain a suit for damages filed by the
borrower against the bank, or enabling the bank
amendment of plaint seeking to claim enhancement of the amount of compensation/damages could be entertained notwithstanding the fact that the amendment is sought ... decision are:
(1)Whether an amendment of pleading claiming or enhancing damages is barred by limitation ?
(2) Whether such amendment is mandatory under the provisions
that in any event, no interest was
payable on the amount of damages.
The contention which has, however, been raised in these appeals, as
noticed ... more harm than deliberate
wickedness or malevolence"
A suit for damages would be maintainable only on the ground of
breach of the terms
gross libel for which the plaintiff claimed to be entitled to exemplary damages. Cause pleaded in para 6 of the plaint is the under-noted ... damage the personal, political and professional reputation of the plaintiff. Damages in sum of Rs.50 lacs have been prayed for.
28. In his written
infringing material under Section 58 of the Act;
e) An order for damages be passed in favor of the Plaintiff and against the defendants ... reason of infringement of the Plaintiff's copyrights, including conversion damages which are presently indeterminate, infringement of trademarks as aforesaid and by passing