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
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
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
recover mesne profit / damages @ Rs. 3100 per day is based upon clause 18
of the Lease Deed Ex.PW1/2 in which ... tenanted premises in the vicinity. The said clause appears
to be a penalty clause which cannot be enforced as per Section 74 of
Contract
become entitled for a decree. As regards the interest, there
is a clause that in case of defaults, the rate of interest would ... exaggerated rate of interest and is a penalty clause and
the penalties cannot be enforced under Indian Contract Act . However,
considering that the defendant
become entitled for a decree. As regards the interest, there
is a clause that in case of defaults, the rate of interest would ... exaggerated rate of interest and is a penalty clause and
the penalties cannot be enforced under Indian Contract Act . However,
considering that the defendant
amount would be chargeable. To my mind the
said clause is not a penalty clause for two specific reasons:
(i). Plaintiff had to approach ... said to be a penalty clause. It was a clause which was
intended to enforce the agreement. It is not a clause in terrorem. Further
Section 39. Power to examine persons.--The Director of
Enforcement or any other officer of Enforcement authorised in
this behalf by the Central Government ... Enforcement or any other officer or
Enforcement not below the rank of an Assistant Director of
LPA 134/2013 Page 33 of 60
Enforcement specially
work relating to imposition of penalty has been de-
centralized and put on Telecom, Enforcement, Resources and Monitoring
(TERM) Cells set up under ... work relating to imposition of penalty has been de-
centralized and put on Telecom, Enforcement, Resources and Monitoring
(TERM) Cells set up under
