term which is now being enforced amounts to a penalty and his client should be relieved against this penalty. In fact, before us Mr. Murdeshwar ... nullity, in our equitable jurisdiction we should, refuse to enforce the penalty clause; in support of this contention Mr. Murdeshwar wanted to rely upon several
1986.sxw
stipulation by way of penalty is by Section 74 reasonable
compensation not exceeding the penalty stipulated for. In
assessing damages the Court ... breach.
The Court further observed as under:--
... 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 ... doubt what was in issue was the issue of penalty. However, both aspects, damages and penalty have been considered. The only clarification noted is that
ground that it
is in the nature of enforcement of penalty clause, it maybe
necessary to note that in the particulars of the claim
judgment, the effect of termination of the award is only to prevent enforcement of the obligations under the award in the manner prescribed ... binding debt which could be enforced by a civil suit and that the penalty clause in the Act did not bar such a suit. This
deft. in the suit filed against him to enforce a decretal clause. Jenkins C. J. who delivered the principal judgment of the F. B. referred ... decree in question it appears that the clause sought to be enforced amounts to a penalty. This again can well be regarded as another exception
Punj Lloyd Ltd vs Hindustan Petroleum Corporation Ltd on 24 March, 2015
Author: R.D
decree in question it appears that the clause sought to be enforced amount to a penalty. This again can well be regarded as another exception
Enforcement Committee and the
Appellate Committee submitted that (i) The Enforcement
Committee is not vested with power to demand compensation
or to impose a penalty ... Enforcement Committee constituted under the notification dated
12 November 1999 had the jurisdiction and power to demand
compensation and to levy a penalty. Clause
officers of Enforcement, namely:-
(a) Directors of Enforcement;
(b) Additional Directors of Enforcement;
(c) Deputy Directors of Enforcement;
(d) Assistant Directors of Enforcement ... officers of Enforcement.
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50 Penalty:--If any person contravenes any of the provisions of this
Act [other than section 13 , clause
