CiteTEXT
.... It was also held that the said sum had to be computed in U.S dollars regardless of variation in dollar-rupee exchange rate prevailing from time to time. As regards claim for compensatory damages on...over to the Indian tax authorities and supplied General Electric with the appropriate tax certificate. The Arbitral Tribunal, therefore, awarded compensatory damages and computed the same by applying the...its submission, the Arbitral Tribunal awarded compensatory damages computed by applying the average prime rate to the amounts withheld commencing with the dates listed in the statement and compounded...
...lacs as punitive and exemplary damages for the flagrant infringement of the plaintiff's trade mark, this Court is of the considered view that a distinction has to be drawn between compensatory damages and...punitive damages. The award of compensatory damages to a plaintiff is aimed at compensating him for the loss suffered by him whereas punitive damages are aimed at deterring a wrong-doer and the...Court has no hesitation on saying that the time has come when the Courts dealing actions for infringement of trade marks, copy rights, patents etc. should not only grant compensatory damages but award...
...plaintiff herein has cited a catena of Indian and foreign case-law, where apart from compensatory damages, punitive damages were also awarded in favour of the plaintiff. Before reverting to the facts of....
Microsoft Corp. v. TYN Electronics Pvt. Ltd. (2004) FCA 1307
Compensatory damages of $ 386,000...plus Additional damages of $ 300,000
Compensatory damages of Rs. 1 crore 32 lakhs plus Additional damages of Rs. 1 crore 3 lakhs...
...that in personal injury cases there are three categories of general damages: consolatory damages, compensatory damages and damages for loss of expectation of life and explained it by illustrating...carrying on his employment would merit compensatory damages. Consolatory and compensatory damages represent different elements in an award for general damages for personal injuries and are exhaustive...out of an accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both, could be made (a) by...
...they continued to persist with their illegal activities. For this reason, the plaintiff is entitled to recover the amount of Rs. 1,41,788.57/- as actual compensatory damages from the defendants. On.... Apart from the factual matrix noticed above, I find that the plaintiff has laid a claim of compensatory and punitive damages. Several pronouncements have been cited at the Bar in support of the suit...concept of damages is to compensate a claimant for loss and damage and can also be referred to as compensatory damages which are awarded to compensate a plaintiff for damages which he has suffered or is...
...compensatory damages. The position in this respect is summarized below in tabulated form:—I. UNITED STATESS. No.
Case Title
Damages Awarded (In US Dollars)
i....
Case Title
Damages Awarded (In US Dollars)
Damages in Rupees (Appox.)
1.
Microsoft Corp. v. TYN Electronics Pty. Ltd., [2004] FCA 1307
Compensatory damages of $386,000 plus...Additional damaged of $300,000
Compensatory damages of Rs. 1 crore 32 lakhs plus Addition damages of Rs. 1 crore 3 lakhs.
2.
Mircosoft Corporation v. Glostar Pty Limited, [2003] FSR...
...lacs as punitive and exemplary damages for the flagrant infringement of the plaintiff's trade mark, this Court is of the considered view that a distinction has to be drawn between compensatory damages and...punitive damages. The award of compensatory damages to a plaintiff is aimed at compensating him for the loss suffered by him whereas punitive damages are aimed at deterring a wrong doer and the.... This Court has no hesitation in saying that the time has come when the Courts dealing actions for infringement of trade marks, copy rights, patents, etc. should not only grant compensatory damages but...
...Electronics Pty. Ltd. [2004] FCA 1307
Compensatory damages of $ 386,000 plus Additional damages of $300,000
Compensatory damages of Rs. 1 crore 32 lakh plus Additional damages of Rs. 1...Australia Pty Ltd. v. Cheung, (1990) 17 IPR 69
Compensatory damages of $ 25,000 plus additional damages of $ 35,000
Compensatory damages of Rs. 8 lakh 61 thousand plus....
Microsoft Corporation v. Able System Development Ltd., HCA 17892/1998
Compensatory damages of $ 32,575,064 and additional damages of $ 3,257,506
Compensatory damages of Rs. 18 crore 2...
...third claim for Compensatory Damages which G.E.C has made against Renusagar and which is sought to be referred to arbitration arises out of non-payment of the aforesaid two claims of unpaid regular...thereof for its own private advantage and has correspondingly totally deprived G.E.C of their use for which Renusagar must compensate. G.E.C has also asserted that such compensatory damages are due...for compensatory damages he took the view that the liability to pay the same arose due to failure to carry out the terms and conditions of the contract in regard to payment of purchase price and that...
...be entitled to the rent but compensatory damages as well. It is also strange to notice that the rent by B.S.N.L. to the petitioner for the period from 01.08.2019 till 31.01.2021 was paid on old rates...
...stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double ...travelling beyond, the blow will fall. Section 14-B is good for these reasons.39. The further submission is that damages being compensatory in character could not exceed...Commissioner, Chandigarh, dated October 12, 1977, by which he imposed a penalty of Rs 94,996.80 on the petitioners as damages under Section 14-B of the Employees' Provident Funds and Miscellaneous...
...Microsoft Corporation Vs. Kamal Vahi & Ors., CS (OS) No.817 of 2004 it was observed that compensatory damages are awarded based on a calculation of a percentage of revenue that would..., 2005 (30) PTC 253 (Del) it was observed that compensatory damages may be paid where the acts and commissions of the defendants violate the....
27. India followed the traditional concept of damages that is to compensate a claimant for loss and damage. Such damages are also referred to as compensatory damages which are awarded to...
...be ascertained. Consequently, the loss to the plaintiff cannot be quantified. However, compensatory damages may be quantified by adopting the principle of what would be the similar cost of creating.... Therefore, compensatory damages to the tune of Rs. 7,94,227 can be easily awarded to the plaintiff. The learned counsel for the plaintiff has also prayed for punitive and exemplary damages. The learned...inter alia, copyrights, Courts should not only grant compensatory damages but award punitive damages also with a view to discourage and dishearten law breakers who indulge in violations with impunity out...
...from compensatory damages, in cases of infringement of trade marks, copyrights, etc., courts should not only grant compensatory damages but award punitive damages also with a view to discourage and...compensatory damages were awarded. Accordingly, adopting the same principle, the plaintiff would be entitled to an additional sum of Rs 25 lakhs from the defendants by way of punitive damages...plaintiff is entitled to a decree for Rs 25 lakhs by way of compensatory damages as well as a decree in the sum of Rs 25 lakhs on account of punitive/exemplary damages in the plaintiff's favour and against...
...for loss caused to the Fund. The Court stoutly repelled the contention that damages were merely compensatory in nature and, therefore, should not exceed the interest that would have accrued in favour...that it is not a river but a mere rivulet that segregates and distinguishes the legal concepts of damages or compensatory damages or exemplary damages or deterrent damages or punitive damages or...Mathura Tea Estate enabling it to show cause against the imposition of “damages” as envisaged under Section 14-B of the EPF Act. M/s Mathura Tea Estate requested for a waiver of damages, which request...
...the Applicants prayed for awarding of costs and compensatory damages and also to direct the Respondent Bank not to claim any interest from the date of issuance of Demand Notice till disposal of the SA...
...damages, being $400,000 compensatory damages and $100,000 exemplary damages. The appellant has appealed to the Privy Council against the amount of the award, the only issue on the appeal before the...sum of compensatory damages using the base figure the learned judge apparently used and does not take into account any assessment for aggravated or exemplary damages.94. In our...sufficient by way of exemplary damages.96. In light of the fact that the appellant will be receiving a lump sum we would reduce the figure for compensatory damages by $330,500.00 and...
...Srivastava and Anr., 2005 (30) PTC 3 (Del) where apart from compensatory damages of Rs. 5 lakhs, punitive damages have also been awarded. It would be useful to reproduce paras 7 and 8 of the said...considered view that a distinction has to be drawn between compensatory damages and punitive damages. The award of compensatory damages to a plaintiff is aimed at compensating him for the loss...trade marks, copy rights, patents, etc. should not only grant compensatory damages but award punitive damages also with a view to discourage and dishearten law breakers who indulge in violations with...
...a decree of compensatory monetary damages for loss of livelihood.
4.4. Though in the said writ petition, the Appellant had initially sought directions to the...Respondents for the grant of a Health Trade License in addition to compensatory damages, however, subsequently she elected to confine her relief in the writ petition only to compensatory damages.
...infirmity in the impugned order of the learned Single Judge. The Appellant in the writ petition is only seeking compensatory damages on the plea that she was wrongfully denied the Health Trade License by...
...amount by way of damages. Where the parties to an agreement have not agreed to liquidated damages, the party in breach of agreement may be directed to pay unliquidated damages which are compensatory.... Such compensatory damages are not to punish the party in breach, but to compensate the party not in breach, for losses suffered as a result of the breach.59. Where...in breach, to the position before the breach occurred.60. Apart from compensatory damages, an adjudicating authority may impose on the party in breach, punitive...