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Showing posts with label
S 74 of contract Act
.
Show all posts
Showing posts with label
S 74 of contract Act
.
Show all posts
Monday, 23 May 2022
Can the arbitrator allow forfeiture of the substantial amount of consideration without proof of actual loss, considering it to be Earnest Money?
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As noted above, in the present case, the respondent has neither pleaded nor established that it had suffered any loss. The respondent’s case...
Saturday, 9 April 2022
Whether Breach Of Contract U/S 74 of The Contact Act is Applicable At Pre-Formation of contract Stage?
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The writ petitioner has approached this Court aggrieved by the action of the second respondent in forfeiting the bid security which was subm...
Tuesday, 24 December 2019
Whether seller can forfeit earnest amount on breach of contract without pleading and proving loss?
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In view of the above and having regard to the fact that a huge amount has been paid under the Agreement to Sell, it cannot be treated as e...
Saturday, 22 December 2018
Whether a plea can be taken in argument in appeal in absence of pleading?
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As far as argument of discrimination is concerned, there are no foundational facts in support of this argument. No such plea was taken eit...
Thursday, 18 October 2018
Whether court should grant compensation for breach of contract if there is no loss to other side?
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In my opinion there is also a legal issue on the basis of which this appeal has to be allowed and the suit for recovery filed by the appe...
Sunday, 19 August 2018
Whether person aggrieved by breach of contract is required to prove that actual loss or damage was suffered by him?
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It can thus be seen that, in every case of breach of a contract, the person aggrieved by the breach, is not required to prove the actual l...
Saturday, 10 September 2016
What are basic principles for grant of compensation S 74 of contract Act?
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On a conspectus of the above authorities, the law on compensation for breach of contract under Section 74 can be stated to be as follo...
Whether S 74 of contract Act is applicable when contract has been broken?
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It must, however, be pointed out that in cases where a public auction is held, forfeiture of earnest money may take place even befo...
Sunday, 11 January 2015
Whether earnest amount can be forfeited when there is no loss or damage to seller?
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If damage or loss is not suffered, the law does not provide for a windfall. On a conspectus of the above authorities, the law on compe...
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