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1 - 8 of 8 (0.78 seconds)Section 73 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
Section 74 in The Indian Contract Act, 1872 [Entire Act]
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003
ii) the second ground of challenge is that the Arbitral Tribunal went
by clause 27 which prescribe 1/2 % per week as the minimum levy and 10%
as the maximum for levy of liquidated damages. However, the Tribunal
failed to consider the General Conditions of Contract which had amended
the said clause. As per the said clause, the minimum Liquidated damages
leviable was 1% and not ½%
He relies upon Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd.
(2003) 5 SCC 705(hereinafter known as „ONGC‟) to argue that in the case
of liquidated damages unlike penalty, actual loss need not to be proved.
The Arbitration And Conciliation Act, 1996
M/S. Simplex Concrete Piles (India) ... vs Union Of India on 23 February, 2010
In Simpex Concrete Piles (supra), a Division Bench of this Court has
clearly held that rights created under Section 55 cannot be contractually
waived. The Court observed as under:
Section 34 in The Indian Contract Act, 1872 [Entire Act]
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