Jabed Sheikh vs Taher Mallick on 24 February, 1941
The same view has also been taken consistently by different
High Courts in India. We may mention only a few of the
decisions, namely, Jabed Sheikh v. Taher Mallik [AIR 1941 Cal
OMP(Comm) No.153/2018 Page 9
639 : 197 IC 606 : 45 Cal WN 519] , S. Milkha Singh v. N.K.
Gopala Krishna Mudaliar [AIR 1956 Punj 174] and Iron and
Hardware (India) Co. v. Firm Shamlal and Bros [AIR 1954
Bom 423, 425-26 : ILR 1954 Bom 739 : 56 Bom LR 473] .
Chagla, C.J. in the last mentioned case, stated the law in these
terms: (at pp. 425-26)
"In my opinion it would not be true to say that a person who
commits a breach of the contract incurs any pecuniary liability,
nor would it be true to say that the other party to the contract
who complains of the breach has any amount due to him from
the other party.