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
Courts by S. 74 of the Contract Act not to enforce the
penalty clause but only to award reasonable compensation.
This aspect, he urges ... 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
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 ... Contract Act imposes a duty on the courts not
to enforce a penalty clause but only to award reasonable
compensation in case of breach
judgment is as under:
10. The duty not to enforce the penalty clause but only to award compensation is statutorily imposed on the 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
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
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
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
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003
Equivalent
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
