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M/S Balaji Enterprises vs The State Of Bihar on 2 May, 2024 Author: Purnendu

money or other property already delivered. Duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon courts ... penalty than reasonable compensation not exceeding the penalty stipulated for is statutorily imposed. 34. The legal right that can be enforced "must ordinarily

M/S Starnet Marketing Private Ltd vs The State Of Bihar on 9 February, 2024

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

paid in case of breach, and stipulations by way of penalty. 9. The second clause of the contract provides that if for any reason ... money or other property already delivered. Duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon courts

seminal pronouncement. 15. The duty of the court not to enforce the penalty clause but only to award reasonable compensation has been held

between plaintiffs and deceased defendant no.1, and the same having specific clause that in case of default on the part of defendants, the plaintiffs ... defendant no.1. 25. Insofar as issue regarding enforceability of penalty clause 7 of the Agreement for Extension of Time to Execute the Sale Deed

UASL license, and therefore, the exit penalty should not be enforced due to the force majeure circumstances. Clause 10.6.2 of the MSA dated 14.08.2009 provided ... this case, it was inter alia held that a clause is not a penalty if it serves a legitimate business interest

Educator become liable to pay the penalty as mentioned in Clause 16.1.2 to this Agreement. (Emphasis supplied) 41. Clause 16.1.1. provides for a two-year ... based on the penalty clause, under Section 74 of the Indian Contract Act, the clause relating to penalty can be enforced subject to proof

discretion to remit any portion of the penalty and enforce payment of only part of the penalty. Clause 3 of Section 446 reads as hereunder ... penalty consequent on the forfeiture. ::: Downloaded on - 18/06/2024 20:30:26 :::CIS 10 Question of remission of penalty or enforcement of payment only