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Thyssen Stahlunion Gmbh Vs. the Steel Authority of India

Court : Delhi

Subject : Contract

Acts : Arbitration Act - Sections 30; Indian Contract Act, 1872 - Sections 73

Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515

the issue of damages. The Arbitrator has adopted the principle by referring to Section 73 of the Indian Contract Act, 1872 which is as follows:- '73. When a contract has been broken, the party who suffers by such

Allahabad Bank and anr. Vs. Mecon

Court : Jharkhand

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 41, Rule 24; Contract Act, 1872 - Sections 8, 73 and 171

Reported in : AIR2005Jhar54; II(2005)BC387; [2005(1)JCR265(Jhr)]

and compensation for failure to discharge obligations resembling those accrued on contract. In this connection he referred to Section 73 of the Contract Act and submitted that better course for the appellant-defendant was to take recourse of Section … to pay the charges towards Bank's commission against Bank Guarantees by the defendant under the provision of Indian Contract Act. The defendant being a Bank is very much within its right to realize its dues. Accordingly relief claimed

Ram Lal JaIn Vs. Central Bank of India Ltd., Bombay

Court : Punjab and Haryana

Subject : Civil

Acts : Debt Law; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2(6), 13 and 17; Contract Act - Sections 73 and 151

Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)

learned Chief Justice in the passages quoted above was unreal, and he pointed out to the provisions of Section 73 of the Indian Contract Act, according to which, when a contract has been broken, the party, who suffers … debtor. The respective liabilities of the bailor and the bailee are stated in Chapter IX of the Indian Contract Act, 1872 (Act No. 9 of 1872), but so far as debts incurred by displaced debtors and secured by … 23. As stated above, claims by displaced creditors fall either under Section 10 or Section 13 of the Act. Section 16 makes a special provision with regard to debts secured on immovable property. Section 17 is with regard

Dhapai Vs. Dalla and ors.

Court : Allahabad

Subject : Limitation

Acts : Limitation Act, 1908 - Articles 113, 115 and 120; Contract Act, 1872 - Sections 73

Reported in : AIR1970All206

of payment of certain sum was not accepted because the word 'compensation' has been used in the Indian Contract Act in a very wide sense.The relevant portion of Section 73 of the Indian Contract Act (No. 9 of

Shri Prabhubhai Jadhavji Rathod Vs. Union of India (Uoi) Through Its A ...

Court : Mumbai

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 34 and 37; Contract Act, 1872 - Sections 55, 56 and 73; Code of Civil Procedure (CPC) - Sections 96; Maharashtra Contract Labours (Regulation and Abolition) Rules, 1971 - Rule 21

Reported in : 2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238

and onwards, the learned Judge has proceeded to consider the entitlement for damages flowing from Section 55 and Section 73 of Contract Act in the light of various clauses embedded in GCC also Clause 26A of tender documents. … of Act. The appreciation of evidence undertaken by District Court is prohibited and recourse to GCC or Indian Contract Act was not permissible. He further argues that absolutely no reason has been assigned to reduce the costs of

Gail (India) Ltd. Vs. Paramount Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 28(3), 31, 31(1), 31(7), 31(8) and 34; ;Arbitration Act, 1940; ;Indian Contract Act - Sections 73 and 74; ;Specific Relief Act; ;Companies Act, 1956; ;Transfer of Property Act; ;Limitation Act; ;Constitution of India - Article 142

Bhut v. V.N. Jamdar wherein the above principles have been relied upon.7.12 Section 73 and 74 of the Contract Act deal with claims of damages. Section 73 provides for unliquidated damages, Section 74 of the Contract Act provides

Jagson International Ltd. Vs. Oil and Natural Gas Corporation Ltd.

Court : Mumbai

Subject : Contract

Acts : Contract Act - Sections 73

Reported in : 2004(1)ARBLR663(Bom); 2004(2)BomCR272; 2003(4)MhLj733

other hand, according to the learned counsel appearing for ONGC, the matter was covered by the provisions of Section 73 of the Contract Act inasmuch as it was not even the case of the Company that the ONGC … between the parties. According to the learned counsel, in terms of the provisions of Section 74 of the Contract Act, the burden of proof entirely lies on the ONGC to establish the amount of damages suffered by them

Union of India Vs. Tribhuwan Das Lalji Patel

Court : Delhi

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 73; Sale of Goods Act, 1830 - Sections 62

Reported in : AIR1971Delhi120

He further contended that the award was justified in terms of illustration (a) under Section 73 of the Contract Act. The learned counsel for respondent on the other hand, contended that when admittedly the Government suffered no loss

Superintending Engineer and anr. Vs. Kehar Singh

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act - Sections 14, 30 and 39; Indian Contract Act - Sections 73

Reported in : 1994(1)ALT293; 1994(2)ARBLR148(AP)

award the arbitrator cannot act contrary to the provisions of the substantive law. Section 73 of the Indian Contract Act provides as follows : '73. Compensation for loss or damages caused by Breach of contract : When a

Divakaruni Sambasiva Rao and Brothers and ors. Vs. Kurnala Venkatarao, ...

Court : Andhra Pradesh

Subject : Contract

Acts : Sale of Goods Act, 1930 - Sections 34; Indian Contract Act, 1872 - Sections 73

Reported in : AIR1955AP148

foreign export and therefore, the correct measure was the difference between the two rates. Section 73 of the Contract Act lays down the measure of damages tobe awarded when there is a breach of contract, Section 73 says:'When