view of the
provision of Section 23 of the Indian Contract Act, 1872 and hence the said
Clause 16(2) will not stand ... contract in question as also Section 23 of the Indian Contract Act, 1872, and
which read as under:-
"Clauses
Here, the court would refer to Section 74 of the Indian Contract
Act, 1872 which lays down the law with respect to compensation for
breach ... contract being an
agreement to sell then that act of forfeiture is one falling under Section
74 of the Indian Contract Act, 1872 and that
Indian Contract Act,
1872 as also provisions of the Interest Act, 1978 and judgments of the
Supreme Court, that a clause in a contract whereby ... contract
in question as also Section 23 of the Indian Contract Act, 1872, and which
read as under:-
"Clauses
subject suit for recovery based on Section 70 of the
Indian Contract Act, 1872. Para 5 of the plaint showing benefit derived by
the defendants ... contract or contractual instruction
qua the manager's cheque/pay order but on Section 70 of the Indian
Contract Act, 1872. I have already
contract being an
agreement to sell then that act of forfeiture is one falling under Section
74 of the Indian Contract Act, 1872 and that ... act in which the public are interested.‖
33. Section 74 occurs in Chapter 6 of the Indian Contract Act, 1872
which reads ―Of the consequences
contract being an agreement to sell
then that act of forfeiture is one falling under Section 74 of the
Indian Contract Act, 1872 and that ... act in which the public are interested.‖
33. Section 74 occurs in Chapter 6 of the Indian Contract Act, 1872
which reads ―Of the consequences
obligation by both the parties under the contract.
As per Section 52 of the Indian Contract Act, 1872 as reproduced above,
once the order ... Contract is in the nature of liquidated damages under Section 74 of the
Indian Contract Act considering the nature of the present contract. The
majority
forfeiture
is hit by Section 74 of the Indian Contract Act, 1872 being in the nature of the
penalty and forfeiture cannot take place unless ... present case does not fall under Section 74 of the Indian Contract Act,
1872 is quite clearly misconceived inasmuch as a claim to forfeit
contract being an agreement to sell then that act of
forfeiture is one falling under Section 74 of the Indian Contract Act, 1872
and that ... act in which the public are interested.‖
33. Section 74 occurs in Chapter 6 of the Indian Contract Act, 1872
which reads ―Of the consequences
even if respondent/plaintiff is held to be guilty of breach of contract,
but since no loss is pleaded and proved by the appellant/defendant ... contract being an agreement to sell then that act of
forfeiture is one falling under Section 74 of the Indian Contract Act, 1872
and that
