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
introduced by Act 1/ 2000). The plea for deduction
of damages is in the nature of a 'set off' falling
under Sub-clauses ... under Section 19(8) to (10). Again, the
plea for deducting 'damages' though raised in the
suit is indeed broadly a plea
protection of life and property of the Sarafs and for payment of damages for
damages allegedly caused to them. By an order dated
item
rate contract as alleged claimed for
the alleged loss and damages suffered
by the Party No.1 as stated in it's
Title ... performance of
the contract by Sumangal, whereas claim No. 4 related to damages for
non-completion of work resulting in loss of rentals to allottees
liberty is given to the plaintiff to claim
relief by way of damages/ mesne profits in a
separate suit filed before the competent court ... that view of the matter the question of payment of
any damages or compensation by way of mesne profit or otherwise did not
and could
obligatory on the part of the State to prove actual damages,
inasmuch as for invoking such a penal clause, the State was
bound to establish ... contract on the part of the
17
licensees and consequential entitlement to damages particularly
when the contracts themselves had been terminated.
vi. The Commissioner
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
claim for payment of interest for
delayed payment and furthermore levied damages in terms of Section 85B of
the Act.
6. A writ petition filed ... enabling provision and does not make is mandatory to levy damages
in every case.
7. Mr. C.S. Rajan, learned Senior Counsel appearing
registered by the plaintiff at her own costs;
(c) A decree for damages tentatively @ Rs. 50,000/- for wrongful use and occupation from ... till the filing of the suit and further damages till recovery of possession, by adjustment of the amount with advances, alternatively for damages for breach
Government was also ordered to pay Rs. 47,786/- towards damages for use and occupation of suit land for three years ... towards subsequent damages. The plaintiff as well as defendant both filed appeals in this Court. The plaintiffs appeal was numbered
