...that the said amount is acceptable to him towards part payment of damages, for use and occupation of the premises. Since defendant did not respond to the letter dated 19.02.2009, therefore, the said...damages for use and occupation vide abovementioned notice is Rs. 1,08,000/- (Rupees one lac & eight thousand) only, the said amount of Rs. 69,000/- is acceptable to my client towards part payment of the sa...aforesaid letter that amount of Rs. 69,000/- offered by the respondent is acceptable to him towards part payment of damages for use and occupation of the premises in question. By the said letter...

...Rs. 9,443. For the said period certain amounts were paid in part payment of damages. While so, the appellant, who has no right to enjoy the usufruct of the tope, had managed to gain possession and the...second defendant in the suit, for recovery of possession of the suit property and a sum of Rs. 7,500 towards, past damages for three years and for future damages. The case of the respondent is tha...possession of the tope. Hence from fasli 1369 onwards the second defendant was liable to pay damages for use and occupation of the tope and the total damages due from him till the end of fasli 1,382 came t...

...of encashment towards part payment of damages stated above. However, as per the request of opposite parties the, presentation of cheques was not affected. However, they assured that all t...1stopposite party who was the owner of the travel agency run by 1stopposite party and the opposite parties paid the complainant an amount of Rs.40,000/- towards part refund of the ...situation and complainant's urgency to reach the destination promptly, he had paid the said amount as well. The refund of all these amounts and compensation payment were all agreed by opposite parties which...

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...the defendant and an amount of Rs.2,500/- is with the plaintiff after appropriation of the arrears of rents and the same can be appropriated towards part payment of damages to be paid by ...of realization, directing the defendant to pay an amount of Rs.15,000/- towards damages for wrongful use and occupation of the schedule property from the date of suit till the date of delivery ...interest at 12% per annum from the date of suit till the date of realization and to pay an amount of Rs.12,500/- per month towards damages for wrongful use and occupation of the schedule property, from the...

...arbitrators. Therefore, the power of the arbitrators to grant interest on the amount of interest which may, in other words, be termed as interest on damages or compensation for delayed payment which would...also become part of the principal. If that is the correct position in law, we do not think that Section 3 of the Interest Act has any relevance in the context of the matter which we are dealing with...claimants cannot lose their right to interest due on the next delayed payment at the end of the three years per each due date the claim would be barred and that principle was not applied on the...

...necessary as a condition precedent to find that there has been a delay on the part of the supplier in discharging his obligation for delivery under the agreement.24. It is clear fr...finding is entered in terms of Clause 15 that the supplier is liable for payment of liquidated damages on account of delay on his part in the matter of making delivery. Therefore, Clause ...liquidated damages, there has to be a delay in the first place. In the present case, there is a clear dispute as to the fact that whether there was any delay on the part of the respondent. For this reason...

..., 1881, it is necessary that the cheque should have been issued in respect of either past or current existing debt or other legal liability. The cheques obviously not issued towards payment of damages. There is...breach of terms of contract. The Panchayat may have right to sue the accused for damages for the breach of contract but the Panchayat has no right to seek payment of rents for the periods when the...1. Both the appeals pertain to the same parties, on same set of facts, giving rise to similar liabilities but for distinct and different periods.2. The Uppinangady Grama...

...any amount as rent. If after termination of your tenancy from 31st May as above you wrongfully do not vacate and continue to make any payments, the same will be adjusted by us in part payment of damages, o...event of your not handing over the vacant and peaceful possession as aforesaid, you will be liable to pay mesne profits and/or damages and/or compensation at the rate of Rs. 3,500/- per day plus the...profits/damages on account of the stated unauthorized use and occupation of their flat by the appellant. It was stated in the plaint that the current rate of rent is Rs. 25/- per sq. feet...

...? OPP 9. Whether any part of the claim for payment of damages/mesne profits is barred by limitation? OPD 10. Whether the alleged notice dated 30th April, 1996 is...of the defendant stood waived by reason of payment and acceptance of rent by Smt. Shyama Sandill, Widow of late Dr. Chakraverti Sandill? OPD 6. Whether the plaintiffs as legal heirs...of late Dr. Chakraverti Sandill are entitled to claim recovery of possession and damages/mesne profits from the defendant? OPD 7. Whether the defendant has caused damage to the suit...

.... Learned Counsel for appellant also submitted that part payment of liquidated damages of Rs. 10,000/- was made by opposite party on 1.4.2008. He admitted that this documents could...party. Opposite party has also not paid liquidated damages. Alleging deficiency on the part of opposite party, complainant filed complaint before State Commission alongwith application for condonation of...considered and on the basis of this documents, it cannot be held that opposite party made payment of Rs. 10,000/- towards liquidated damages to complainant on 1.4.2008. I do not find any...

...seven months. Learned Counsel for appellant also submitted that part payment of liquidated damages of Rs. 5,000/- was made by opposite party on 1.4.2008. He admitted that this...opposite party. Opposite party has also not paid liquidated damages. Alleging deficiency on the part of opposite party, complainant filed complaint before State Commission alongwith application for...cannot be considered and on the basis of this documents, it cannot be held that opposite party made payment of Rs. 5,000/- towards liquidated damages to complainant on 1.4.2008. I do...

...interest on the amount of interest may be termed as interest on damages/compensation for delayed payment and would become part of the principal sum adjudged.5. In view of the aforesa...interest on interest and held that the power of the Arbitrator to grant interest on the amount of interest, which may be termed as interest on damages or compensation for delayed payment, would also...to as “the code” only) is with the prayer to dismiss or defer the execution petition in view of the payment of full decretal amount to the Decree Holder.2. The controversy raised before...

...Hoshiarpur (Pb.) Received from Garib Singh, Mukerian, the sum of Rupees (in words) Fifteen Thousand only) of Part Payment Damages Charges. Rs.15000/- Name: Sd/- Rank: 3 of 5 Civil Wr.... The same was duly replied and the receipts with regard to payment of rent were also placed on record, yet the authorities below, while passing the eviction order, imposed damages running into lacs...for ordering damages, there has to be a notice under Section 7 of 1971 Act, which reads thus:- 7. Power to require payment of rent or damages in...

...that since there was no wilful default on the part of the petitioner and since code number had not been furnished in spite of repeated requests made, there should not have been any direction regarding payment ..., the validity of the impugned order is to be examined. The contention of the learned counsel for the petitioner to the effect that since there was no wilful default on the part of the petitioner there should no...the question of quantum in a different spirit. 9. As observed by the Supreme Court, the direction regarding payment of damages is compensatory as well as penal in nature. Where...

...allowed to the extent that the damages imposed to the tune of Rs. 700/- and further direction for payment of ⅛th part of the total damages for ejection is quashed. No order as to costs....Lekhpal of the Village that the petitioner has encroached over Gaon Sabha plot No. 113 of 2001 measuring 0-15-0 since 1389 and is liable to be ejected as well as payment of damages to the tune of ...petitioners, the respondent No. 3 the Tehsildar, Assistant Collector, Agra passed an order of ejectment and imposed damages to the tune of Rs. 700/- and further directed that the petitioners will pay ⅛th part...

..., in addition to the payment of liquidated damages of Rs. 1 lakh as provided in cl. 5 of the aforesaid agreement. The assessee along with its letter dated 28th November, 1967, sent cheques for Rs. 10,00,00...the facts and in the circumstances of the case, liquidated damages of Rs. 1 lakh and interest payment of Rs. 1,85,123 are allowable deductions under the Income-tax Act, 1961?”2. The...for the purchase of the aforesaid. land by way of part payment. The aforesaid land had been pledged with the Govt. of Uttar Pradesh against a loan granted by the Uttar Pradesh Govt. for the Soda Ash...

...financial difficulties may be an absolute defence for delay in payment of employers' contributions. But, when the statute prescribes that the contributions deducted from the employees' wages have to be paid to the Corporation within...difficulty is certainly liable to be taken into account for fixing the damages. But, because of the reasons stated hereinabove we do not think that it was correct on the part of the Insurance Court to totally avoid...to recover damages u/s.85B of the ESI Act empowers the appellant to recover damages in respect of delayed payment of contribution and the Corporation may recover from the employer by way ...

...:“Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the loss incurred by the assessee by payment of Rs. 14,001 as compensation or damages for non-d...assessee to make full delivery of the goods in terms of the contract, the amounts were paid by way of penalty or damages for breach of contract and this payment was incidental to and in the course...Tribunal found that payment of differences on account of damages in the case of non-fulfilment of contract could not be considered as settlement of contract.4. In this conn...