agreement Ex.P-1 with the intention that Clause 9 of Ex.P-1 and other penalty clauses are normally clauses which are being framed ... inferred that the intention of the parties was not to enforce the penalty clause of the agreement strictly. The agreement of sale was entered into
breach of stipulation by way of penalty is by Section 74 reasonable compensation not exceeding the penalty stipulated for."
In Maula ... Supreme Court held as follows:-
"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
M/S. Vashi Pari Villas vs M/S. Pandian Real Estates on 2 September, 2022
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
M/S. Vashi Pari Villas vs M/S. Pandian Real Estates on 2 September, 2022
contract 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
party
honours his obligations duly and promptly.
38. The enforceability of such a clause in a contract is to be traced to
Section ... report, while
following Fateh Chand, that "duty not to enforce the penalty clause, but only to
award reasonable compensation is statutorily imposed upon Courts
goods is concerned, it is a proceeding in rem and the penalty is enforced against the goods whether the offender is known or not known ... 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
defendant submits that the forfeiture clause in the said agreement is a penalty, and cannot therefore be enforced. The suit for the recovery ... payable in cash by the defendant. However, he held that the forfeiture clause was a penal one and that the amount forfeited
