supplied, the assessee's customers got a right to enforce the penalty clause. And concomltantly the assessee became liable to pay the penalty. This ... breach does not dispute the penalty payable, the person complaining of delay is entitled to enforce the penalty clause in full. And, by the same
damage on account of the breach of contract-. Such a clause may be enforceable in law. Where the quantification is not reasonable but is intended ... regarded as "penalty" and not enforceable in a Court of Law.
5. According to Clause (9) of the agreement, parties agreed that
Lady Amphthil Nurses Instn. And Ors. vs Cc And Ors. on 23 January, 2001
Equivalent
proceeding in rem and that a penalty of confiscation is enforced against the goods irrespective of the penalty to be imposed on a person. In this ... penalty of confiscation under the first part of the entry in column 3 of Clause (8) of the Schedule, is enforced against the goods irrespective
enforced are also preserved. Such rights, liabilities, penalty, forfeiture or punishment, due to repeal "shall not lapse". The saving clause, thus, aimed ... penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture
penalty of confiscation under the
first part of the entry in column (3) of clause (8) of the
Schedule, is enforced against the goods irrespective ... will be sufficient to reiterate that the
penalty of confiscation is a penalty in rem which is enforced
against the goods and the second kind
respect of those charges. First proviso to clause (2) require
the competent authority to enforce penalty on the basis of the
evidence adduced during such ... provide an opportunity of making representation on the proposed
penalty. Second proviso to clause (2) makes the clause (2)
inapplicable under three situations, the present
271H , the exception is provided that no penalty shall be levied for
the failure referred to under clause (a) of sub-section ... Provided further that no penalty shall be levied under this section for the failure
referred to in clause (k), if such failure relates
271H , the exception is provided that no
penalty shall be levied for the failure referred to under clause (a) of sub-section ... Provided further that no penalty shall be levied under this section for the failure
referred to in clause (k), if such failure relates
accrued or incurred under
any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against ... penalty, forfeiture or punishment as aforesaid; and any
such investigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture
