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january 1963

Supreme Court of India · 1963-01-15

FATEH CHAND vs BALKISHAN DAS

Citation / case number
SC 1960/226
Court
Supreme Court of India
Petitioner
FATEH CHAND
Respondent
BALKISHAN DAS
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 74 of the Indian Contract Act, 1872, a penalty clause in a contract must not be enforced, and only reasonable compensation should be awarded. The Court affirmed the High Court's decision that the defendant breached the contract, allowing the plaintiff to retain part of the Rs. 25,000 received and awarding compensation for use and occupation. The ruling clarified that any stipulation involving a penalty applies comprehensively to all covenants, and courts have the jurisdiction to award reasonable sums not exceeding the forfeited amount.

FATEH CHAND vs BALKISHAN DAS · Niyam