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Showing posts with label loss. Show all posts
Showing posts with label loss. Show all posts
Friday, 3 April 2020

Whether landlord can claim rent towards lock-in period without pleading that he has sustained loss due to premature vacation of premises?

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The reason why I state that the suit as per averments in the plaint itself was not maintainable and should not have been entertained is,...
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, 30 December 2017

Whether compensation under right to information Act can be granted even if no loss is suffered by applicant?

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I find sufficient force in the submissions made by the learned Government Pleader on the side of the petitioners. Exhibit P2 order has r...
Saturday, 10 September 2016

How to ascertain reasonable compensation for loss caused by breach of contract?

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On the second question, i.e whether the defendant was entitled to forfeit the amount of ` 1 crore, the single judge analyzed the terms ...
Sunday, 30 August 2015

Whether security deposit can be forfeited even though no loss is caused to one of contracting party?

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 Only one contention was urged on behalf, of the appellants before us: that the security deposit was taken from the respondents in order...

Whether one party can forfeit earnest amount even though no loss is suffered by it due to default of other party to contract?

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Even otherwise, it is not case of the Bank that it has suffered damages on account of the non-deposit of the  balance of the bid amount by ...
Friday, 27 February 2015

When it is not necessary to prove actual loss to claim damages in case of breach of contract?

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In Maula Bux –vs- Union of India, (1969) 2 SCC 554, the Court has specifically held that it is true that in every case of breach of contr...
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...