alia held that it was duty of
the Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
being paid. It was also found that there was no penalty
clause to enforce the performance of obligations under the aforesaid
Deed of Covenant
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
contains any other
stipulation by way of penalty' comprehensively applies to every
covenant involving a penalty whether it is for payment on breach ... Sukhdeep Singh vs Satbir & Ors. 31/53
enforce the penalty clause but only to award reasonable
compensation is statutorily imposed upon courts by Section
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
delivered on 06.09.2013. It is only the penalty, that is
payable, is outstanding.
24. As the penalty levied is for breach of contract, whether Section ... contract "in terrorem", which is a
penalty and it cannot be enforced. The clause in the Scale of Rates for
levy of three
officer passes
within this further period, no penalty will be
enforced."
7. On perusal of Clause 7 of Part -II, it transpired that
penalty of confiscation under the
first part of the entry in column (3) of clause (8) of the
Schedule, is enforced against the goods irrespective ... will be sufficient to reiterate that the
penalty of confiscation is a penalty in rem which is enforced
against the goods and the second kind
liability, penalty, forfeiture or punishment.......
and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced, and any such
penalty, forfeiture ... liability, penalty, forfeiture or pun-
ishment and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced, and any such penalty,
forfeiture