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...disallowed by the High Court as the appellant was found to have not placed the material on record to show that he had actually suffered any loss on account of the breach of contract. In this regard, the...9 months. The appellant, however, contended that the termination of the contract was in breach thereof. He claimed Rs 20,000 as damages for breach of contract besides claiming other amounts payable by...based upon sound principles.9. The claim of the petitioner for payment of Rs 20,000 as damages on account of breach of contract committed by the respondent-State was...
...composite one. This principle was also made applicable to the bank guarantees. Thus, clause (4) of this agreement in terms says:“In case of any material breach of any or...interim relief. A breach of faith can arise in such situations as: a failure by the beneficiary to provide an essential element of the underlying contract on which the bond depends; a misuse by the...the call arising out of the underlying contract is disputed. Thus disputes as to whether a breach of contract, a determination of a contract for cause, a repudiation of a contract or the incurring of...
...the Contract Act has no application to cases of deposit for due performance of a contract which is stipulated to be forfeited for breach...:
"Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach, and...warrant for the assumption made by some of the High Courts in India, that s. 74 applies only to cases where the aggrieved party is seeking to receive some amount on breach of contract and not to...
....***10. Section 74 of the Contract Act deals with the measure of damages in two classes of cases: (i) where the contract names a sum to be paid in case of breach, and ...breach of contract and not to cases where upon breach of contract an amount received under the contract is sought to be forfeited. In our judgment the expression ‘the contract contains an...of contract and returned the findings contrary to the express terms thereof; that the arbitrator failed to call for material documents and gave the award which is perverse and based on no evidence and...
...writ petition was allowed despite the objection raised by the appellants that the respondent committed breach of contract and the Court should not exercise its writ jurisdiction in such cases. LPA No...under Article 226 of the Constitution of India for granting relief in case of alleged breach of contract.3. Settled law — writ is not the remedy for enforcing contractual...competent jurisdiction for appropriate relief for breach of contract. It is settled law that when an alternative and equally efficacious remedy is open to the litigant, he should be required to pursue...
...breach of contract and named in the contract as such, it would necessarily be covered by Section 74.41. It must, however, be pointed out that in cases where a public...-12-1987, the appellant promptly replied and said it would be willing to pay the entire 75% with 18% interest and, therefore, there was no breach of contract on the part of the appellant. Further...the said letter should, therefore, be ignored. If it is ignored, then the termination of the contract and the forfeiture of earnest money are completely in order as the appellant was in breach. The...
...Contract Act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of...2,50,000 which, according to it, was earnest money and then cancelled the contract.6. Now that we have referred to the material correspondence that took place between the...regarding the quantity of scrap material available and the plaintiffs had been induced to enter into the agreement on such false representations. Hence the plaintiffs were entitled to avoid the contract...
....10. Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the ...warrant for the assumption made by some of the High Courts in India, that Section 74 applies only to cases where the, aggrieved party is seeking to receive some amount on breach of contract and not to cases...74 applies where a sum is named as penalty to be paid in future in case of breach, and not to cases where a sum is already paid and by a covenant in the contract it is liable to forfeiture...
...-removal from the site. Regarding Items 4 and 5 the State denied its liability to pay the same as it was the appellant-plaintiff who had committed the breach of the contract. As regards the amount due...respondent-defendant who had committed a breach of the contract. However, the High Court took the view that for such breach on the part of the appellant-plaintiff, the respondent-defendant, on a reading of...could have been rescinded on the ground that the appellant-plaintiff had committed a breach of contract. According to him such course of action on the part of the respondent-defendant was obligatory...
...State alleged that the respondent had committed a breach of the contract by making short delivery of rice and demanded payment of damages assessed at Rs 7344.16 by the Deputy Commissioner. As the...—(i) the State is not competent to adjudicate upon the question whether such a person committed breach of contract and that the State is not competent...to assess damages for any breach of the contract which is not admitted by the other side;(ii) damages so assessed cannot be recovered from such...
...resolution of disputes arising under or in connection with the contract even if its performance has come to an end on account of termination due to breach?2. Magma Leasing...contract, but a difference has arisen between them as to whether there has been a breach by one side or the other, or as to whether circumstances have arisen which have discharged one or both parties...such terms as above ceases to have any possible application merely because the contract has ‘come to an end,’ as, for example, by frustration. In such cases it is the performance of the contract that...
...committed breach of the contract. The suit was resisted by Appellants 1, 2 & 3. The learned trial Judge dismissed the suit holding that under the agreements dated April 4, 1959 and April 15, 1959 time...account dis-entitled to a decree for specific performance.4. The facts which have a material bearing on the first question have already been set out. Section 55 of the Contract...plaintiff is not entitled to the specific performance of the sale of the suit properties in his favour?5. Whether the breach of the contract is due to...
...for breach of contract the cause of action consists of the making of the contract, and of its breach, so that the suit may be filed either at the place where the contract was made or at the place where...it should have been performed and the breach occurred. The making of the contract is part of the cause of action. A suit on a contract, therefore, can be filed at the place where it was made. The...determination of the place where the contract was made is part of the law of contract. But making of an offer on a particular place does not form cause of action in a suit for damages for breach of...
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23.1 If any party(" Defaulting Party") is in material breach of any provisions, obligations, covenants, conditions and undertakings under this Agreement , or in the event of...Defaulting Party wishes to invoke the provisions of Clauses 23.4 and 23.7, even in circumstances where the Non Defaulting Party contends that the material breach is irremediable...gives a Determination Notice to the Defaulting Party identifying material breach (1) but the Defaulting Party has in fact concealed material breach (2) and in any event does not rectify one or both, then...
...under the Act or the contract. In exercising jurisdiction, the Arbitral Tribunal cannot act in breach of some provision of substantive law or the provisions of the Act.13...settled law that for the breach of contract provisions of Section 74 of the Contract Act would be applicable and compensation/damages could be awarded only if the loss is suffered because of the breach...right or remedy available to him, recover damages for breach of the contract:(a) Recovery from the contractor as agreed liquidated damages are not by...
...to the appellants Rs 41,250 as compensation for breach of contract, on the ground that the said contract was in contravention of a notification of the Central Government dated October 29, 1953, and was...binding contract, but a difference has arisen between them whether there has been breach by one side or the other, or whether circumstances have arisen which have discharged one or both parties from...binding force is challenged, e.g, where it is said that the parties never were ad idem, or where it is said that the contract is voidable ab initio (e.g, in cases of fraud, misrepresentation or mistake...
...6, 1971 would entitle the defendant to treat it is a breach of contract. The insistence of the plaintiffs to obtain the income tax clearance certificate and redemption of the property before the...plaintiff, at all material times, was ready and willing to perform his part of the contract. Repeated notices were issued supported by telegrams, calling upon the defendant to complete the sale. Even...:‘1179. Where time is of the essence of the contract.— The expression time is of the essence means that a breach of the condition as to the time for performance will entitle the...
...contract for sale of land to which this litigation relates, was discharged and came to an end by reason of certain supervening circumstances which affected the performance of a material part of it...the contract of sale stood discharged by frustration as it became impossible by reason of the supervening events to perform a material part of it. Bejoy Krishna Roy did not file any written statement.... In an action against the defendant for breach of contract, it was held that the wife's illness and the consequent incapacity excused her and that the contract was in its nature not absolute but...
...“of disputes in connection with a contract, such as the question of repudiation, frustration, breach etc. In those cases it is the performance of the contract that has come to an end, but the contract...the appellant had a right to repudiate the contract, he could claim damages for breach of contract. Such a claim for damages is a dispute or difference which arises between himself and the appellant...it cannot subsist. In all these cases, since the entire contract is put an end to, the arbitration clause, which is a part of it, also perishes along with it. Section 62 of the Contract Act...
...contained in the Standard Form of Contract No. D. G. S. & D. 68. The only clauses of the General Conditions of Contract which are material for our purpose are Clauses 18 and 24 and they read as...parties giving rise to claims by either party against the other. The respondent contended that the appellant had committed a breach of the contract and was, therefore, liable to pay to the respondent a sum...of Rs 2,35,800 by way of damages suffered by the respondent by reason of the breach of the contract. The appellant, on the other hand, said that it was the respondent who had committed the breach of...