fully" the quantifies
stipulated under the terms of the contracts and after
the contracts were terminated. They could have
proved the rates at which ... Section 74 of the contract
Act and held that even where a contract
containing a stipulating for payment of
liquidated damages in case of breach
well as a suit for damages; although in a suit for damages on account of breach of contract the plaintiff treats the contract (as) having ... case of a claim for damages in lieu of specific performance, damages are granted for the performance of the contract while in the case
Respondent was that Petitioner had committed breach of the contract and the
contract provided liquidated damages in case of breach and that there was
nothing ... pertaining to liquidated damages, which is extracted hereunder for ready
reference:-
"Liquidated Damages: The Contract can be cancelled unilaterally by the
Buyer in case
that for the breach of contract provisions of Section 74
of the Contract Act would be applicable and compensation / damages
could be awarded only ... damages. The
plaintiffs must prove the damages they have suffered."
He submitted that this Court has also held that the plaintiff
claiming liquidated damages
damages for
breach of the contract. The damages claimed are liquidated
damages under cl. 14 of the Contract; but under Indian law
there ... liquidated damages or for unliquidated damages. Even
if there is a stipulation for liquidated damages a party
complaining of breach of contract can recover
contract and compensation for damage
which a party may sustain through nonfulfillment of a contract after such
party rightfully rescinds such contract. It is important ... damages by mutual agreement is regarded as a
stipulation naming liquidated damages and binding between the
parties: a stipulation in a contract in terrorem
given dated
30.03.1996
(ii) First Supplementary Contract for Drinking Water System Contract.
Value of the Contract (fixed) - Rs. 33,15,095/-
Telex of Intent ... Date of Completion - 15.05.1996
(iii) Second Supplementary Contract for Internal Painting of Tanks Contract
Value of the Contract (fixed) - Rs. 36,73,216/-
Telex
contract and compensation for
damage which a party may sustain through nonfulfillment of a contract
after such party rightfully rescinds such contract. It is important ... respect of the potato contract and Rs. 8,500 in respect of
the poultry contract were genuine pre-estimates of damages which
the Union
claim
whether it be for liquidated damages or for
unliquidated damages. Section 74 of the Indian
Contract Act eliminates the somewhat elaborate
refinements made under ... damages by mutual agreement is
regarded as a stipulation naming liquidated damages
and binding between the parties : a stipulation in a
contract in terrorem
liquidated damages, the Arbitral Tribunal held
that liquidated damages, which are pre-estimated damages,
cannot be granted as there was no breach of contract ... damages for breach of contract,
particularly breach of deadlines set in the contract. Under Indian
Contract law, such liquidated damages are recognized, subject
