contains
any other stipulation by way of penalty" comprehensively
applies to every covenant involving a penalty whether it
CS Nos.618395/16 Paramjeet Singh ... 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 ... under a contract and the courts have been enjoined not
to enforce penalty clause but only to award reasonable compensation.
j). The proposition has been
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
loss or the damages.
In case, the forfeiture results into penalty, the same cannot be resorted
to, even if, it has been provided ... unilaterally at the time of
booking would not create any enforceable penalty clause of
compensation unless proper contract of legal binding nature is duly
executed
CGEWHO - Levy of penalty in the form of
liquidated damages.
39. In support of this claim, the CGEWHO relies upon clause 26.1.2 of
the notice ... 2013 Page 30 of 38
right to enforce the penalty clause to be levied in these
cases at any stage of construction including final bill
money or other property already delivered. Duty not
to enforce the penalty clause but only to award reasonable
CS No. 8191/16 Balveer Singh ... 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
apart, this clause regarding refund of double the
earnest money is in the nature of penalty and consequently, the same
cannot be enforced under Sections ... reason that doing so would also amount to enforcing a penalty. Such a
penalty clause cannot be enforced in a court of law. Two relevant
contend that clause
61, provides for "penalty" and therefore, the said clause is not enforceable in
law. This argument of the petitioner deserves
fact that there
was a clause in the agreement (clause 8) for levy of penalty @ 0.5% per week subject
to a maximum ... Gujarat Energy
Transmission Corpn. Ltd. did not enforce any liability clause nor levied any penalty
and therefore, the claim of the assessee is not bona
property is in the nature of penalty and
consequently, the same cannot be enforced under Sections 73 and 74 ,
Indian Contract Act. Under the extant ... tune of Rs. 1,25,44,487/.
Such a penalty clause cannot be enforced in a court of law. Two relevant
judgments in this regard
