M/S Starnet Marketing Private Ltd vs The State Of Bihar on 9 February, 2024
paid in case of breach, and
stipulations by way of penalty.
9. The second clause of the contract provides that if for
any reason ... money or other property already delivered. The
duty not to enforce the penalty clause but only to award
reasonable compensation is statutorily imposed upon
contract 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
Jinmangal Corporation vs Ahmedabad Urban Development Authority on 25 August, 2021
Author: J.B.Pardiwala
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
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
party
honours his obligations duly and promptly.
38. The enforceability of such a clause in a contract is to be traced to
Section ... report, while
following Fateh Chand, that "duty not to enforce the penalty clause, but only to
award reasonable compensation is statutorily imposed upon Courts
breach of a stipulation by way of penalty is by Section 74 reasonable compensation not exceeding the penalty stipulated for is to be made. Then ... property already delivered, casts a duty upon courts not to enforce the penalty clause but only to award reasonable compensation, as statutorily imposed upon them
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
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