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1 - 10 of 10 (0.52 seconds)Maula Bux vs Union Of India on 19 August, 1969
In Maula Bux case (Supra), the Honble Supreme Court took
the following view with respect to forfeiture of the earnest
money -
Shree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969
After considering several decisions on the subject, the
following principles were laid down by the Honble Supreme
Court regarding earnest:
Satish Batra vs Sudhir Rawal on 18 October, 2012
The above referred principles were reiterated in Satish
Batra Vs. Sudhir Rawal (2013) 1 SCC 345. It would, thus,
be seen that only that amount would constitute earnest
money which is paid at the time when contract is
concluded between the parties. Any payment made after
the contract is concluded, cannot be said to be part of the
earnest money. In the case before us, admittedly, only a
sum of Rs.63,469/- was paid to the Petitioner Company at
the time the deal was concluded between the parties.
Therefore, in view of the above said referred authoritative
pronouncements of the Honble Supreme Court, only the
aforesaid forfeited amount can constitute earnest money.
Roshan Lal vs The Delhi Cloth And General Mills ... on 10 August, 1910
5. Forfeiture of earnest money under a contract for sale of
property-movable or immovable--if the amount is
reasonable, does not fall within s. 74. That has been
decided in several cases: Kunwar Chiranjit Singh v. Hat
Swarup (t); Roshan Lal v. The Delhi Cloth and General
Mills Company Ltd., Delhi (2); Muhammad Habibullah v.
Muhammad Shafi (3); Bishan Chand v. Radha Kishan
Das(4); These cases are easily explained, for forfeiture of a
reasonable amount paid as earnest money does not
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amount to imposing a penalty. But if forfeiture is of the
nature of penalty, s. 74 applies.
Prashant Kumar Shahi vs Ghaziabad Development Authority on 3 April, 2000
11. The Hon'ble Apex Court in the matter of Prashant Kumar Shahi
versus Ghaziabad Development Authority as reported in (2000) 4 SCC
120 is pleased to hold as under:-
Section 9 in The Consumer Protection Act, 1986 [Entire Act]
Section 74 in Consumer Protection Act, 2019 [Entire Act]
Dlf Ltd. vs Bhagwanti Narula on 6 January, 2015
9. The Hon'ble NCDRC in their order dated 06.01.2015 passed in the
matter of DLF vs. Bhagwanti Narula as reported in I [2015] CPJ 310 (NC)
is pleased to observe as under:
The Companies Act, 1956
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