....6. Further, relevant provisions of the general terms and conditions appended with the POs are as follows:10. Failure and Termination Clause/Liquidated Damages...breach of contract:(a) Recover from the contractor as agreed liquidated damages and not by way of penalty, a sum equivalent to ½% (half per cent) of the contract price of...fixed for delivery in the schedule, where delivery thereof is accepted after expiry of the aforesaid period. It may be noted that such recovery of liquidated damages may be up to 5% of the contract price...

...completion date he shall pay liquidated damages at one tenth of one per cent of contract value of the incomplete parts or reaches of the canal per day of delay in completion and handing over to the department.Delays in excess of 100 days will be the cause for termination of...contract on the part of the appellants. Clause 67 of the agreement reads as follows:“67. LIQUIDATED DAMAGES:If the contractor fails to complete the works by the stipulated...stipulated time he is liable to pay liquidated damages at one-tenth of the contract value and that delays in excess of 100 days would entitle the appellants to terminate the contract, forfeit the...

...--Construction of agreement, if such a question--Breach of contract--Liquidated damages--Constitution of India, Art. 133(1). HEADNOTE: The...appellants filed a suit for recovery of damages for breach of contract on the basis of 10% of the gross profits of the respondents. The trial judge granted a decree for Rs. 2,34,000 calculating the amount at...cl. 14 the parties named a sum of money to be paid as liquidated damages, it excluded the right to claim an unascertained sum as damages. JUDGMENT...

....”10. In terms of the clauses 44.1 read with 53.1 of the agreement, it emerges that if there are liquidated damages to be payable upon termination of contract by the contractor, inbuilt...circumstances, was not justified to raise demand on termination of contract claiming liquidated damages and the respondent cannot become an arbiter in its own cause and unless the dispute is settled...material available on record.9. It is not disputed that the termination of the agreement no. 11 and agreement no. 12 and consequential liquidated damages claimed by the...

...duly agreed by the parties. It was also mentioned that the liquidated damages are not by way of penalty. It was also provided in the contract that such damages are to be recovered by the purchaser from...claiming damages is entitled to the same.(2) If the terms are clear and unambiguous stipulating the liquidated damages in case of the breach of the contract unless it is...named in a contract as a liquidated amount payable by way of damages, the party complaining of a breach can receive as reasonable compensation such liquidated amount only if it is a genuine pre...

...can be stated to be as follows:43.1. Where a sum is named in a contract as a liquidated amount payable by way of damages, the party complaining of a breach can...contract as a liquidated amount payable by way of damages, only reasonable compensation can be awarded not exceeding the amount so stated. Similarly, in cases where the amount fixed is in the nature...levied as liquidated damages under the contract, which sum would amount to a sum of INR 25 lakhs. Since this clause governs the relations between the parties, obviously, a higher figure, contractually...

...only be entitled for return of the earnest money and/or payment of a sum named as liquidated damages. As the intention of the parties to bar specific performance of the contract and provide only for....(ii) The agreement of sale only provided for damages in the event of breach by either party. The agreement (Clause 11) provided that if the vendor failed to perform his part of the contract by...earnest money (that is refund of earnest money plus liquidated damages of Rs. 10,000) and nothing more. Therefore, even if breach by the appellant vendor was made out, the remedy of the respondent...

...?(ii) Whether the finding of the Tribunal that the receipt relating to liquidated damages cannot be treated as a revenue receipt but must be held to be a capital receipt not exigible...an agreed amount by way of liquidated damages without proof of damages actually suffered at the rate of 0.5% of the price of the respective machinery and equipment to which the items were delivered...late (sic), for each month of delay in delivery completion. It is further agreed that the total amount of such agreed liquidated damages shall not exceed 5% of the total price of the plant and machinery...

...contractor fails to complete the works by the stipulated completion date he shall pay liquidated damages at one tenth of one per cent of contract value of the incomplete parts or reaches of the canal per day of delay in completion and handing over to the department. Delays in excess of 100 days will be the cause for termination of...that falls for consideration is whether there is any breach of the contract on the part of the appellants. Clause 67 of the agreement reads as follows:"67. Liquidated Damages:If the...the works by the stipulated time he is liable to pay liquidated damages at one-tenth of the contract value and that delays in excess of 100 days would entitle the appellants to terminate the contract...

...contending that 17,294 contract objects being installed, there was no question of awarding damages for the installed objects and, secondly, since termination of letter of credit was held not to be illegal, it...was delay in performance due to any reason MSEB would be entitled to claim liquidated damages. The chronology of events indicates that on 14-7-1997, MSEB by its letter informed DSL that lists of DTC...before the learned Single Judge viz. the non-supply of DTC locations did not amount to breach of fundamental term of the contract which led to termination of contract by the respondent. We would like to...

...right to forfeit the entire amount of earnest money towards liquidated damages. On the other hand, as per Clause 11.5(v) of the agreement, if the respondent flat purchaser fails to exercise his right...termination notice of 90 days to the Developer and refund of the actual instalment paid by him against the Unit after adjusting the taxes paid/interest/penalty on delayed payments....***(iv) Developer shall, within ninety (90) days from the date of receipt of termination notice of said Unit, refund to the intending Allottee, all the monies...

...awarded by the learned arbitrator. In my view since the termination of the contract was contrary to clause 27 of the contract, the respondent could not have made any claim for liquidated damages against...of the work and before termination of contract is ex-facie contrary to clause 7 of the work order and is an impossible interpretation. In my view, the award in respect of liquidated damages is thus in...placed reliance on clause 4.7 of the General Conditions of Contract which provided for extension of time in certain eventualities. Clause 4.8 provided for liquidated damages. Reliance is placed on...

...Judge awarding Rs 25,000 as damages, together with interest @ 6% per annum, to the plaintiff-respondent for the illegal termination of the respondent's services. The plaintiff-respondent was serving as a...of the court below that the termination is illegal was correct and requires no interference. No arguments were addressed on the quantum of damages awarded.12. We do not...termination of the service of a government servant in permanent service, in the sense that he is entitled to remain in service until he reaches the age of retirement, he could be deemed in a given case to...

...appended with the POs are as follows:10. FAILURE AND TERMINATION CLAUSE/LIQUIDATED DAMAGES:Time and date of delivery shall be essence of the contract...liquidated damages and not by way of penalty, a sum equivalent to ½% (half percent) of the contract price of the whole unit per week for such delay or part thereof (this is an agreed, genuine pre-estimate...period. It may be noted that such recovery of liquidated damages may be up to 5% of the contract price of whole unit of stores which the contractor has failed to deliver within the period fixed for...

...justify 6 | P a g e that the decision taken by the Appellant to impose liquidated damages and to reduce tariff to 4.36/kWh from 6.10/kWh. He emphasized that injection of power to...evacuation from the Power Project to the nearest Delivery Point/ Delivery points. Article 5.8 Liquidated Damages for delay in commencement of supply of power to BESCOM 5.8.1. If the Developer is unable...to commence supply of power to BESCOM .by the Scheduled Commissioning Date other than for the reasons specified in Clause 5.7.1, the Developer shall pay to BESCOM, Liquidated Damages for the delay in...

...thereof, we are unable to accept the submission made on behalf of the appellant. Can it be said that SAIL intended to provide for liquidated damages in the contract even in a situation where they were...a contract to make provision of liquidated damages for specific breaches only leaving other types of breaches to be dealt with as unliquidated damages. We are not aware of any principle that once the...provision of liquidated damages has been made in the contract, in the event of breach by one of the parties, such clause has to be read covering all types of breaches although parties may not have...