alia held that it was duty of the
Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
High Court that it
was duty of the Court not to enforce penalty clause but only to
OMP (Comm.) No. 192/2019 Union of India
alia held that it was duty of
the Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
contains any
other stipulation by way of penalty" comprehensively
applies to every covenant involving a penalty whether it is
for payment on breach ... money or
other property already delivered. Duty not to enforce the
penalty clause but only to award reasonable compensation
is statutorily imposed upon Courts
penalty clause for
breach and a cheque is issued at the time of execution of such
agreement for securing the penalty clause, such that ... enforce pay-
ment under a bounced cheque if it is otherwise enforceable in
civil law. Since penalty clauses, in entirety, are not enforceable
even under
otherwise
enforceable in civil law. Hence, as per Ld. Counsel for Accused, there is no
power to enforce a penalty clause but only reasonable compensation ... clause that operates in terrorum (i.e., a
penalty clause). This is also clear from the fact that apart from the penalty
clause, interest
otherwise
enforceable in civil law. Hence, as per Ld. Counsel for Accused, there is no power
to enforce a penalty clause but only reasonable compensation ... clause
that operates in terrorum (i.e., a penalty clause). This is also clear from the fact that
apart from the penalty clause, interest
alia held that it was duty
of the Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
alia held that it was
duty of the Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003
Equivalent