Before we proceed to answer the question formulated by us in para 27, we  deem it necessary to examine Section 22 of the 1963 Act. It read...

 In our considered opinion, the law contained under Section 22(2) of the  1963 Act is adequately broad and flexible to allow the appellant t...

On a conspectus of the aforementioned authorities, it is evident that a  clause for the forfeiture of earnest money is not penal in the ordi...

 It can be seen that this Court has held that if the forfeiture of earnest money under a contract is reasonable, then it does not fall withi...

In so far as refund of earnest money is concerned, it is to be stated here that though the trial Court has held that the agreement dated 2...

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...

  Difference between 'advance amount' and the 'earnest money' has been considered by the Supreme Court in number of cases....

  Now to the argument on behalf of the landlord that the mesne profits must also include the charges of the executive class air tickets an...

 Reading of Section 74 would go to show that in order to forfeit the sum deposited by the contracting party as "earnest money" o...

An agreement for sale, be it oral or written, is capable of being performed specifically by suit, provided however, existence of such agre...

In view of the fact that the suit filed by the appellant for specific performance had been dismissed on the ground that the respondents did...

Apart from that, the payment of earnest money cannot be considered to be an essential term of the tender process. The Apex Court, in a...

Reference may also be made to a decision of this Court in Malik Traders (supra). Even in this case this Court was dealing with the effect...

Mr. Palaniswami strenuously contended that as the amount is in the nature of earnest money, it could be forfeited notwithstanding the absen...

 Furthermore, it is to be noted that in this particular contract there was a specific condition of the sale by auction that the deposit wa...

Revision would be proper if the Judge had omitted to notice that their Lordships of the Privy Council had decided a question which freque...

Under Section 74 of the Act, however, the parties to the agreement stipulate either a particular amount which is to be paid in case of brea...

Learned counsel for the petitioner has contended that Lower Appellate Court or the High Court were not justified in passing a decree for...

Forfeiture of earnest money under a contract for sale of property-movable or immovable-if the amount is reasonable, does not fall within Se...

The further aspect that requires to be noticed is as to the nature and character of earnest money deposit and in that context the disting...