with Articles 9.11 and 12.7.
10. The duty not to enforce the penalty clause but only to award compensation is statutorily imposed on the Courts ... money or other property already delivered. Duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon Courts
alia held that it was duty of the
Court not to enforce penalty clause but only to award a reasonable
FAO (COMM) 131/2022 Page
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
money or other property already delivered.
Duty not to enforce the penalty clause but only to award
reasonable compensation is statutorily imposed upon courts ... under a contract and the courts have been enjoined not
to enforce penalty clause but only to award reasonable compensation.
j). The proposition has been
judgment is as under:
10. The duty not to enforce the penalty clause but only to award compensation is statutorily imposed on the Courts ... money or other property already delivered. Duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon Courts
M.C. Luthra vs Ashok Kumar Khanna on 27 February, 2018
Author: Valmiki J.Mehta
seminal pronouncement.
15. The duty of the court not to enforce the penalty clause but only to
award reasonable compensation has been held
Vandana Jain vs Rita Mathur And Ors. on 20 April, 2018
Equivalent citations: AIRONLINE 2018
money or
other property already delivered. Duty not to enforce the penalty
clause but only to award reasonable compensation is statutorily
imposed upon courts ... stipulation in a contract in terrorem is a penalty and
the Court refuses to enforce it, awarding to aggrieved party only
reasonable compensation. The Indian
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 deliv ered. Duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon courts
