seminal pronouncement.
15. The duty of the court not to enforce the penalty clause but only to
award reasonable compensation has 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 ... 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
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
money or other
property already delivered. Duty not to enforce the
penalty clause but only to award reasonable
compensation is statutorily imposed upon courts ... clause providing for
forfeiture of earnest money was a penal clause. A
clause in the nature of penalty could not have been
enforced
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
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
stipulation in
a contract in terrorem is a penalty and the Court refuses
to enforce it, awarding to the aggrieved party only
reasonable compensation ... money or other property already delivered. Duty
not to enforce the penalty clause but only to award
reasonable compensation is statutorily imposed upon
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 ... that the said claimant was not acting in
terrorem by enforcing a penalty. This does not, however, mean
that even in the absence
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
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
