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1 - 10 of 19 (0.34 seconds)Section 74 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
Article 266 in Constitution of India [Constitution]
The Arbitration And Conciliation Act, 1996
Section 48 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Maula Bux vs Union Of India on 19 August, 1969
32. In any case, when loss in terms of money can be determined, the
party claiming compensation must prove the loss suffered by such
party. Mr. Kamdar would submit that the analysis in Fateh Chand
and Maula Bux were reiterated by the Supreme Court more recently
3 Maula Bux v. Union of India - (1969) 2 SCC 554
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in the case of Kailash Nath4, which summarized the law in the
following terms :-
M/S. Kailash Nath Associates vs Delhi Development Authority & Anr on 9 January, 2015
4 Kailash Nath Associates v. Delhi Development Authority And Anr. - (2015) 4 SCC
136
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or loss, such proof is not dispensed with. It is only in cases where damage or
loss is difficult or impossible to prove that the liquidated amount named in
the contract, if a genuine pre-estimate of damage or loss, can be awarded.
43.7. Section 74 will apply to cases of forfeiture of earnest money under
conditions of a public auction before agreement is reached, Section 74 would
hae no application.
Renusagar Power Co. Ltd vs General Electric Co on 7 October, 1993
Indeed, it cannot be given
5 Renusagar Power Company Limited v. General Electric Company - 1994 Supp (1)
SCC 644
6 Shri Lal Mahal Limited v. Progetto Grano SpA - (2014) 2 SCC 433
7 Vijay Karia and others v. Prysmian Cavi E Sistemi SRL and others - (2020) 11
SCC 1
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an interpretation so wide as to treat a contract consciously governed by
Qatari law as if it were an Indian law-governed contract.
Shri Lal Mahal Ltd vs Progetto Grano Spa on 3 July, 2013
Indeed, it cannot be given
5 Renusagar Power Company Limited v. General Electric Company - 1994 Supp (1)
SCC 644
6 Shri Lal Mahal Limited v. Progetto Grano SpA - (2014) 2 SCC 433
7 Vijay Karia and others v. Prysmian Cavi E Sistemi SRL and others - (2020) 11
SCC 1
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an interpretation so wide as to treat a contract consciously governed by
Qatari law as if it were an Indian law-governed contract.