Stipulation of amount of damages in contract-Claim for
damages for branch--If claim for liquidated or unliquidated
damages.
'Sums due,' meaning ... present case, the claim is for damages for
breach of the contract. The damages claimed are liquidated
damages under cl. 14 of the Contract
damages for breach of the contract
between the parties. Now, it is true that the damages
which are claimed are liquidated damages under Clause ... claim
whether it be for liquidated damages or for
unliquidated damages. Section 74 of the Indian
Contract Act eliminates the somewhat elaborate
refinements made under
statutory liability. He further submitted that as per the Contract Act , liquidated damages accrue only when the liability is adjudicated upon. In this connection ... liquidated damages stand on the same footing as a claim for unliquidated damages. A claim for unliquidated damages does not give rise to a debt
tortious act for which the defendant became liable to pay damages (unliquidated) to the plaintiff. Prom the nature of the tortious act, the plaintiff
damages for breach of
the contract between the parties. Now, it is
true that the damages which are claimed are
liquidated damages under Clause ... claim whether it be for liquidated damages
or for unliquidated damages. Section 74 of
the Indian Contract Act eliminates the
somewhat elaborate refinements made under
claim for compensation in terms of
liquidated damages as well as unliquidated damages for an amount of
Rs.15.75 crores with interest @ 18% vide
arbitration going on it has made
a claim for unliquidated damages. That
cannot be a ground for not admitting the
petition. A claim for unliquidated ... damages for breach of
the contract between the parties. Now, it is
true that the damages which are claimed are
liquidated damages under
damages for breach of the contract between
the parties. Now, it is true that the damages which are claimed
are liquidated damages under Clause ... claim whether it be for liquidated damages or for
unliquidated damages. Section 74 of the Indian Contract Act
eliminates the somewhat elaborate refinements made under
held that there is no difference
between liquidated & unliquidated damages in India. Relevant
portion is reads as under ... claim
whether it be for liquidated damages or for unliquidated
damages Section 74 of the Indian Contract Act eliminates
the somewhat elaborate refinements made under
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on 17 April, 2003
Equivalent
