...two types, namely, liquidated damages and unliquidated damages. Liquidated damages means an amount contractually stipulated as a reasonable estimation of actual damage to be recovered by ...order to ascertain unliquidated damages, adjudication is required. In this connection, we may refer to clause 44.1 of the agreement which reads as under : "44.1 The Contractor shall pay liquidated...been asked to pay a sum of Rs. 27,10,200/-by way of liquidated damages. In order to appreciate the petitioner's challenge to the impugned order, few facts need mention which are stated infra. 3. The...

...evidence was adduced on account of liquidated damages. No satisfactory evidence was adduced to show the loss of earnings caused to the injured and the period of loss of earning. No certificate of disability, either permanen...and loss of pain and suffering, a total evaluation of both the liquidated damages and unliquidated damages...compensation awarded by the Tribunal comes to 80,000/. In so far as liquidated damages are concerned, the only evidence adduced is the medical receipts for an amount of 14,918/-. No other satisfactory...

...counter claim of the respondent No.1 before the Arbitrator was barred by limitation and also about liquidated damages and unliquidated damages to which, the petitioner was entitled and in... AGED ABOUT 55 YEARS. ...PETITIONER (BY SRI MANU KULKARNI, ADV.) AND: 1. PAHARPUR COOLING TOWERS LIMITED... (DOMESTIC AND INTERNATIONAL) KHANIJA BHAVAN RACECOURSE ROAD SESHADRIPURAM BENGALURU - 560 001...

...passed by the Arbitrator.9. The damages may be of two types, namely, liquidated damages and unliquidated damages. Liquidated damages means an amount contractually...ascertain liquidated damages no adjudication is required whereas in order to ascertain unliquidated damages, adjudication is required. Therefore, the decisions relied by the respondent are of no...estimation of actual damage to be recovered by one party if the other party breaches. The expression ‘unliquidated damages’ means the amount of damages not specified or determined or ascertained, the...

...be that parties may contemplate in the contract the amount of liquidated damages in the event of breach. But there is no subtle distinction in India between liquidated and unliquidated damages, fo...Chellappan v. Executive Engineer, 1979 Ker LT 53 there is no distinction in this country between liquidated damages and unliquidated damages...permitted to withdraw after he participated in the bid and was declared the highest bidder. It was again pointed out that the claim was only for liquidated damages specified in the auction notice, and...

...unliquidated. Liquidated damages are such damages as have been agreed upon and fixed by the parties in anticipation of the breach. Unliquidated damages are such damages as are re...scheme. In case of breach of contract damages may be claimed by one party from the other who has broken its contractual obligation in some way or the other. The damages may be liquidated or..., however, the court of appeal has refused to award damages for injured feelings to a wrongfully dismissed employee, and confirmed that damages for anguish and vexation caused by breach of contract...

...either unliquidated claim is raised for defective work which is rectified or for liquidated penalty, and not for both. In law, there cannot be both liquidated damages and unliquidated ...further additionally claim liquidated damages in addition to the claim of unliquidated damages which have been partially allowed by the Arbitrator while allowing counter claim no.2. This objection also therefore be...Arbitrator has decided counter claim no.2 and has awarded a particular amount as unliquidated damages towards rectification of works, there was thereafter no entitlement of the petitioner/NDMC to...

...clause is admittedly one for damages for breach of the contract between the parties and the damages which are claimed are liquidated damages. The learned Judges held that so far as the law in India is conc...counsel for the petitioner further urged that in Law, demurrage, is nothing more than liquidated damages. It has been further urged that there is no difference between liquidated damages and ...contentions, it has been further asserted that as unliquidated damages had to be proved so the liquidated damages must also be proved. Not having proved any damage which it has allegedly sustained, the respondent i...

...either unliquidated claim is raised for defective work which is rectified or for liquidated penalty, and not for both. In law, there cannot be both liquidated damages and unliquidated ...further additionally claim liquidated damages in addition to the claim of unliquidated damages which have been partially allowed by the Arbitrator while allowing counter claim no.2. This objection also therefore be...Arbitrator has decided counter claim no.2 and has awarded a particular amount as unliquidated damages towards rectification of works, there was thereafter no entitlement of the petitioner/NDMC to...

...either unliquidated claim is raised for defective work which is rectified or for liquidated penalty, and not for both. In law, there cannot be both liquidated damages and unliquidated ...further additionally claim liquidated damages in addition to the claim of unliquidated damages which have been partially allowed by the Arbitrator while allowing counter claim no.2. This objection also therefore be...Arbitrator has decided counter claim no.2 and has awarded a particular amount as unliquidated damages towards rectification of works, there was thereafter no entitlement of the petitioner/NDMC to...

...either unliquidated claim is raised for defective work which is rectified or for liquidated penalty, and not for both. In law, there cannot be both liquidated damages and unliquidated ...further additionally claim liquidated damages in addition to the claim of unliquidated damages which have been partially allowed by the Arbitrator while allowing counter claim no.2. This objection also therefore be...Arbitrator has decided counter claim no.2 and has awarded a particular amount as unliquidated damages towards rectification of works, there was thereafter no entitlement of the petitioner/NDMC to...

...difference between liquidated damages and unliquidated damages. All that Section 74 does is to eliminate the nice distinctions between contractual provisions for liquidated damages ...and license agreement is not per se a claim for damages, liquidated or unliquidated. In a given case, it may be in the nature of either, or in the nature of a penalty, or it may simply be a component of th...contractual liability to pay Indiabulls the license fee, car parking fee and maintenance charges for the remainder of that lock-in period. There is also a separate provision for liquidated damages. These...

...‘liquidated damages’ and ‘unliquidated damages’ as envisaged under Sections 73 and 74 of the Indian Contract Act.64. While saying so we are not oblivious of the fact that a two Ju...conditions of license on: (i) merger issue (ii) amalgamation issue and (iii) substantial equity holding by Idea and Spice, imposition of liquidated damages by the respondent was justified....c) For the purpose of imposition of liquidated damages which is a pre-estimated reasonable sum agreed to by and between the parties, the principles of natural justice were not required to be...

...can avoid paying ad valorem court fee and yet expect a decree in terms of money quantifying unliquidated damages. He asks indirectly what he actually wants directly, that is liquidated damages in terms of ...prayer clause as exists in the present plaint which is perceptibly disjunctive in its prayer based request surprisingly giving up liquidated damages and opting instead for unliquidated damages, while...for liquidated damages in a suit coupled with a further prayer for consequential unliquidated damages under the heads available in the law of torts, without specifying any amount, when this is missing the plaintiff...

...Petitioner to institute appropriate civil proceedings for purposes of 5 claiming refund of liquidated damages and/or for claiming ... the arbitrarily and unjustly imposed Liquidated Damages of Rs.7,81,066/- and pay the same to the Petitioner and to pay the sum o....7,81,066/- was deducted as liquidated damages. In order to recover the aforesaid and to claim compensation, the present writ petition has been filed. 3. While the writ petition...

...nature of the claim whether it be for liquidated damages or for unliquidated damages and a claim for liquidated damages stand on the same footing as a claim for unliquidated ...and partially setting aside the part of the award by which the Arbitrator rejected the claim of the petitioner/respondent regarding the claim of the liquidated damages and directing the remission of...the machinery and equipment to be supplied by them will be of standard quality, design and workmanship and that the parties agreed to and preestimated and determined the quantum of liquidated ...

...for determination of damages and until such damages are determined no amount could be said to be due. It may be that parties may contemplate in the contract the amount of liquidated damages in the event of...reasonably due and therefore for that reason the covenant for liquidated damages is enforceable is a question which would call for examination. That is the reason why even the stipulation for liquidated...against whom that breach is committed to claim damages at that stage what arises is only a claim for unliquidated damages and until that is determined no amount could be said to be due...

...claim for determination of damages and until such damages are determined no amount could be said to be due. It may be that parties may contemplate in the contract the amount of liquidated damages in the ev...reasonably due and therefore for that reason the covenant for liquidated damages is enforceable is a question which would call for examination. That is the reason why even the stipulation for...against whom that breach is committed to claim damages at that stage what arises is only a claim for unliquidated damages and until that is determined no amount could be said to be due.5...

...liquidated damages. … … … 43. A penalty is a sum of money so stipulated in terrorem, and liquidated damages are a genuine...is clearly part of the Agreement between the Appellant and its customer. The Revenue treated such pre-closure/foreclosure as 'liquidated damages' and demanded service tax on the same...Financial CoAmpany is not liable to Service Tax under "Banking and Financial Services". This very foreclosure charge was treated as payment towards liquidated damages in the present dispute the refund of...

...submitted that provision for liquidated damages is actually provision for unliquidated damages because liability has not crystallized. He submitted that unless the damages are crystallized, the same cannot.... Navjevan Roller Floor Pulse Ltd. v. DCIT, 73 ITD 265.169. Ld. Counsel in the rejoinder submitted that provision for liquidated damages “and” “unliquidated damages” are...two separate concepts. Liquidated damages are such damages as have been agreed upon and fixed by the parties in anticipation of the breach of contract. Unliquidated damages are such ...