also regarding the modalities of fixing liability and
recovering compensation for damages caused to public and
private properties during such demonstrations and protests,
particularly mentioned ... Private Properties v. Govt. of AP (2009) 5 SCC 212 to
assess damages caused to public and private properties by
protestors and also
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
appellant to
pay Rs.185,97,86,399/- to the respondent as damages which
included:
(i) Rs. 109 crores towards the installed object.
Civil Appeal ... Section 34 of the Arbitration and
Conciliation Act, 1996? (v) Whether the damages were
properly awarded? and (vi) Whether the aspect of
mitigation was properly
assessed by SEAC
whichever is less for restoration and restitution of
environment damages and degradation caused by the
project proponent by carrying out the construction ... violated the EC but also on the
ground that the damages awarded were highly excessive. Therefore,
the question that what should be the extent
reasonable compensation?
11. It is now well established that the contractual
damages are usually awarded to compensate an
injured party to a breach of contract ... clearly held as under-
The general principle for the
assessment of damages is
compensatory, i.e. that the innocent
party is to be placed
activities of the appellant and the appellant was also
entitled to recover damages from the respondent for lapse and negligence,
in addition to the right ... such a nature that
he cannot be adequately be compensated in damages; (3) that
the defendant is in possession of the land on which
amounts paid to the defendants?
9. Whether the plaintiff is entitled to damages? If so, to what extent?
10. Whether the defendants ... breach of contract then an
aggrieved party is entitled to monetary damages as per Section 73 of
the Indian Contract Act and which monetary damages
liquidated loss
RFA No.38/2018 Page 17 of 33
amount of damages as per contractual clause, then the act of
forfeiture is one which ... entitlement of forfeiture arises only because the forfeited
amount is liquidated damages under Section 74 of the Contract
Act. That the forfeiture of earnest money
breach of
contract then an aggrieved party is entitled to monetary damages as
per Section 73 of the Indian Contract Act and which monetary
damages ... defendant/proposed seller, then the
plaintiff/proposed buyer becomes entitled ordinarily to damages/loss
under Section 73 of the Indian Contract Act being the difference
relevant from both aspects of seeking restoration of services and
quantification of damages. The significant aspect is that there should not be
specific performance ... master-servant contract of service, and damages should
be the appropriate remedy. We may refer to Vidya Ram Misra v. Managing
Committee, Shri Jai Narain
