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Showing posts with label damages. Show all posts
Showing posts with label damages. Show all posts
Sunday, 22 December 2024

Supreme Court: Six pre-requisites for an arbitral award to be recognized as a foreign award under Section 44 of the Act

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The Supreme Court of India has identified six pre-requisites for a foreign award to be recognized and enforceable under Section 44 of the Ar...
Saturday, 14 September 2024

Supreme Court: Motor accident claim tribunal can not grant compensation under the head of pain and suffering by family members of the claimant

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 It is perceptible that the High Court has deleted the amount awarded under the head of pain and suffering by family members of the claimant...

Supreme Court: Motor accident claim tribunal can not grant compensation to claimant for his inability to participate in public functions

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  The High Court has deleted an amount of Rs. 3,00,000/- and a sum of Rs. 2,00,000/- towards mental agony and inability on the part of the c...

Supreme court: While computing compensation, the approach of the Motor accident claim Tribunal should be broad-based

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It is noteworthy to state that an adjudicating authority, while determining quantum of compensation, has to keep in view the sufferings of t...
Saturday, 29 June 2024

Important Notes on contract law

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  1) Twelve Golden Rules governing ratification of act of agent by principal. https://www.lawweb.in/2020/07/ratification-by-principal-of-act...
Thursday, 8 June 2023

Is every claim for a license fee for the remainder of a lock-in period in a leave and license agreement considered a claim for damages?

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  (e) Every claim for license fee for the remainder of a lock-in period in a leave and license agreement is not per se a claim for damages, ...
Saturday, 18 February 2023

Whether application for Summary Judgment is maintainable if Summary suit is converted into Commercial suit?

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Assuming that plaintiffs' suit is initially filed as a summary suit under Order XXXVII of the Code, thereby taking it out of ambit of pr...
Saturday, 10 September 2022

Questions and answers on law(Part 49)

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Q 1:-  Whether Safari park project is infrastructure project as per amended specific relief Act? Ans:- In my opinion, it comes under tourism...
Thursday, 7 July 2022

Supreme Court: Court should not grant an injunction in case of tender of infrastructure project; Instead, Relegate Party To Seek Damages

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If the Court finds that there is total arbitrariness or that the tender has been granted in a malafide manner, still the Court should refrai...
Sunday, 3 July 2022

Whether the Small cause court has jurisdiction to try a claim for recovery of security deposit or damages or is said dispute arbitrable?

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As held by this Court in the case of Brainvisa Technologies Pvt. Ltd. (supra) license fee, charges and rent are periodical payments made for...
Monday, 7 February 2022

Whether arbitrator can award Liquidated Damages Over & Above Actual Damages?

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  The expression “whether or not actual damage or loss is proved to have been caused thereby” means that where it is possible to prove actua...
Sunday, 23 January 2022

When should a party prove loss or damages for breach of contract if there was a contract for grant of liquidated damages?

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 Mr. Raheja's contention that HPCL was not required to either plead or prove any loss is difficult to accept. In  Kailash Nath Associate...
Tuesday, 28 December 2021

Can the plaintiff claim damages on a normative basis without proof of loss or damages?

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32.   It is the petitioner's contention that its claim for damages and overhead charges (Claim no. 2) was liable to be allowed on normat...
Saturday, 25 December 2021

Whether the aggrieved party can claim specific performance in case of anticipatory breach of contract?

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It is settled in law that where a party to a contract commits an anticipatory breach of the contract, the other party to the contract may tr...
Saturday, 11 September 2021

Whether a party can refuse to pay damages for delay caused in the performance of the contract due to its conduct taking the defence of contractual term?

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 Clause 59 prima facie prohibits the claim for compensation by the Contractor on account of the delays and defaults or whatever reasons and ...
Thursday, 28 January 2021

Whether filing of civil suit for defamation amounts to violation of freedom of speech and expression?

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In my view there is merit in the plea of the plaintiff's counsel.   Article 19(2)   is a negative covenant i.e., a bar on the restrictio...
Saturday, 12 December 2020

Whether the employer will be liable for defamation of employee if he conducts departmental enquiry against him?

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 In the present case, the defendant has taken the defence of privilege. The question is whether the charge-sheet issued against the plaintif...
Thursday, 30 July 2020

Difference between Liquidated and unliquidated damages

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1) Contracts  generally include a provision for the one party  to pay  liquidated damages  (or  liquidated and ascertained damages , ) to ...
Monday, 27 April 2020

Whether court should allow amendment of pleading if claim for damages has become barred by limitation?

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Reliance is placed by the learned counsel for the respondent/defendant on the decision of the Supreme Court in  Pankaja MANU/SC/0590/2004  ...
Sunday, 27 October 2019

Whether court should grant relief of damages in suit for specific performance of contract in absence of documentary evidence?

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16(ii). In my opinion, however, even the relief of grant of damages of Rs. 36,37,500/- cannot be granted to the respondent/plaintiff becau...