A.S. Motors Pvt. Ltd. vs Union Of India (Uoi) And Ors. on 18 June
V.K. Ashokan vs Asstt. Excise Commnr. & Ors on 5 March, 2009
Author: S
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
breach of a stipulation by way of penalty is by Section 74 reasonable compensation not exceeding the penalty stipulated for is to be made. Then ... property already delivered, casts a duty upon courts not to enforce the penalty clause but only to award reasonable compensation, as statutorily imposed upon them
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
K.T. Plantation Pvt. Ltd. & Anr vs State Of Karnataka on 9 August, 2011
Director of
Enforcement must first proceed under the principal clause of
s. 23D(1) and initiate proceedings for adjudication of
penalty. He cannot at that ... that the Director of Enforcement must first initiate
proceedings under the principal clause of s. 23D(1) for
adjudication of penalty and that
taken for such contravention. Under Clause (a), the person is liable to a penalty only, and that penalty cannot exceed three times the value ... under either Clause (a) or Clause (b) of Section 23(1) , the Director of Enforcement must first initiate proceedings under the principal clause of Section
The Union Of India vs *1. Dishnet Wireless Ltd on 30 March, 2017
Author: Chief
petition, (i) impugns the levy of Goods and Services Tax (GST)
on penalty in the form of "liquidated damages" imposed for non-
performance ... year; (ii) that the respondent
No.2, in enforcement of the said clause, has recovered the penalty along
with GST thereon from the petitioner