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1 - 10 of 11 (0.22 seconds)Section 73 in The Indian Contract Act, 1872 [Entire Act]
Section 74 in The Indian Evidence Act, 1872 [Entire Act]
Section 73 in The Indian Evidence Act, 1872 [Entire Act]
Section 74 in The Indian Contract Act, 1872 [Entire Act]
Parmeet Singh Chatwal vs Ashwani Sahani on 14 February, 2020
32. A similar clause was examined by the Hon'ble High Court of Delhi in its
earlier decision Parmeet Singh Chatwal Vs. Ashwani Sahani.
Priknit Retails Ltd. & Ors. vs Aneja Agencies on 22 March, 2018
52) In Priknit Retails Ltd. & Ors. Vs. Aneja Agencies [O.M.P.
(COMM) 374/2016 & IA No.9569/2016 dated 22.08.2018], the Hon'ble
High Court observed:-
Taipack Limited And Ors. vs Ram Kishore Nagar Mal on 23 May, 2007
36. The Hon'ble Court relied upon "Taipack Limited & Ors. Vs. Ram
Kishore Nagar [2007 (3) ARBLR 402 Delhi]" and reiterated "34. In order to
ascertain whether an agreement exists between the parties, it is necessary to
establish that there was consensus ad idem between the parties.
Fateh Chand vs Balkishan Das on 15 January, 1963
58) In the case titled as Fateh Chand v. Balkishan Das, AIR 1963
SCC 1405 Hon'ble Supreme Court adopted the view that under the
common law a genuine pre-estimate of damages by mutual agreement is
regaled as stipulation naming liquidated damages. The aggrieved party is
entitled to receive the compensation from the party who has broken the
contract, whether or not actual damage or loss is proved to have been caused
by the breach. It dispenses with proof of "actual loss or damages". Section
74 of the Indian Contract Act does not justify the award of compensation
when no legal injury has resulted after breach. Compensation for breach of
contract can be awarded to make good of the loss or damage which naturally
arose in the usual course of things or which the parties when making the
contract were aware of.
M/S Hetampuria Tax Fab vs M/S Daksh Enterprises on 15 November, 2022
51) While dealing with similar issue, the Hon'ble High Court of
Delhi in case M/s Hetampuria Tax Fab vs M/S Daksh Enterprises [FAO
(COMM) 169/2022 dated 15.11.2022] pertaining to the Mercantile
Association examined the issue of existence of arbitration agreement based
on a unilateral clause printed on invoices. The Hon'ble Court observed :-