Demystifying law of liquidated damages under Indian Contract Act

Law of Liquidated Damages and Penalty (S.74 of the Indian Contract Act)  When the contract mentions a ‘specific amount’  to be paid as compensation in case of breach :  Whether that amount is ‘conclusive’ and bars any enquiry by the court into actual loss/damages suffered; Whether the claiming party is obviated from proving the ‘actual loss’; Whether … Continue reading Demystifying law of liquidated damages under Indian Contract Act

Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.

Supreme Court of IndiaShree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127Bench: Vaidyialingam, C.A.PETITIONER:SHREE HANUMAN COTTON MILLS & ORS.Vs.RESPONDENT:TATA AIR-CRAFT LTD.DATE OF JUDGMENT:28/10/1969BENCH:VAIDYIALINGAM, C.A.BENCH:VAIDYIALINGAM, C.A.SHELAT, J.M.DUA, I.D.CITATION:1970 AIR 1986 1970 SCR (3) 1271969 SCC (3) 522ACT:Contract--Money deposited as earnest money--Breach committed by … Continue reading Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Specific Performance of an Agreement executed by Vendor alone

Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone