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Supreme Court of India
Oil & Natural Gas Corporation Ltd vs Saw Pipes Ltd on
Supreme Court of India
breach of the contract. The damages claimed are liquidated
damages under cl. 14 of the Contract; but under Indian ... nature of the claim whether it
be for liquidated damages or for unliquidated damages. Even
if there is a stipulation
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contract also provided for levy
of liquidated damages if the contractor failed to complete the
entire works or any part ... obliged to
furnish a bank guarantee to cover liquidated damages for an
amount equivalent to 10% of the contract price
Supreme Court of India
payment of Rs. 20,000 to the plaintiff as liquidated
damages or penalty as stipulated in the agreement ... parties themselves having stipulated for
Rs. 20,000 as liquidated damages in the event of a breach by
the first
Supreme Court of India
distinctions drawn by Courts of Equity between stipulations for
liquidated damages and stipulations for penalties have not, in my
opinion ... deposit of this kind is
not agreed on as liquidated damages but goes in reduction of damages.
Of course
Madras High Court
finding of the Tribunal that the receipt relating to
liquidated damages cannot be treated as a revenue receipt but must ... purchasers, an
agreed amount by way of liquidated damages without proof of damages
actually suffered at the rate
Gujarat High Court
period prescribed, the purchaser shall be entitled to recover liquidated damages and the quantum of the liquidated damages assessed ... whether the liability of the respondent to pay Liquidated Damages and the entitlement of the appellant, to collect the same
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submitted
that the Respondents were fully entitled to recover liquidated
damages since a clause to this effect is contained ... Agreement
between the parties. It was his submission that liquidated damages
had been recovered by the Respondents
Delhi High Court
where the parties have
deliberately specified the amount of liquidated damages,
there can be no presumption that they ... circumstances,
there can be no question of any liquidated damages.
Resultantly it cannot be said that provisions of Section
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including interest payable as on 31st July, 1999 and
liquidated damages in full is paid by the appellant ... crores payable towards liquidated damages that were
provisionally determined. The appellant-company was
informed that in terms of the Migration
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