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
directed not to enforce the penalty
clause under clause-16 of the KEA brochure as against the
students, who were wrongly permitted to participate
market price in lieu of rice to the petitioner with penalty as per Clause 20 of the agreement from ... without establishing the actual injury he is entitled to enforce the clause and recover penalty by way of compensation and if the Court
contended that under clause 13 of the said Circular, the liability to the penalty was to be enforced only in case the assessee fails ... those which are covered by the clause in the bracket. The importance given to the particular dates in clause 13 is, due to the decisions
Educator
become liable to pay the penalty as mentioned
in Clause 16.1.2 to this Agreement.
(Emphasis supplied)
41. Clause 16.1.1. provides for a two-year ... based on the penalty clause, under
Section 74 of the Indian Contract Act, the clause relating to
penalty can be enforced subject to proof
valid
and enforceable?
(ii) Whether an arbitration
agreement in an unregistered
instrument which is not duly
stamped is valid and enforceable?
(iii) Whether there ... court can act upon said document or enforce arbitration
clause contained therein only after deficit duty and
penalty is paid and said defect is cured
perfortriivhg the contract and the liberty to enforce
it .the seek penalty from the other party. Clause 14
. iS'_eXtr ... stated here in above, failing
O which EITHER PARTY is ENTITLED to ENFORCE
this CONTRACT of SALE, as and by way of
SPECIFIC PERFORMANCE
defence that there is such clause in the
agreement and under this clause, the refund of
earnest money with penalty of Rs.35,000/- would ... plaintiff with a clause to pay the penalty,
the clause would be to facilitate the parties to
enforce the terms of contract, such stipulation
entitled to reasonable compensation not exceeding the penalty but is not entitled to enforce the penalty stipulated for in the contract. Where such a contract ... breach is not entitled to enforce the penal clause but is entitled only to reasonable compensation not exceeding the penalty stipulated
also
submitted that the petitioners are seeking to enforce Clause
Nos.1 and 6 of the agreement to lease and the lease ... 7843/2011
has been filed by the petitioners is to enforce Clause Nos.1 and
6 of the agreement to lease dated
