Search Results for Tag : damage
Notifications & Circulars
GST applicability on liquidated damages, compensation and penalty arising out of breach of contract or other provisions of law(03.08.2022)
1. In certain cases/instances, questions have been raised regarding taxability of an activity or transaction as the supply of service of agreeing to t.....
Tags : GST, Applicability, Liquidated damages
Committee recommends modifications to Specific Relief Act 1963(20.06.2016)
An Expert Committee set up to bring changes in specific performance trends submitted its report proposing amendments to the Specific Relief Act 1963.<.....
Tags : Specific relief, damages, public contracts
News
Kerala HC: Compensation for Actual Damages Includes Value of Spare Parts to be Repaired(11.07.2022)
Kerala High Court while allowing a motor accident claims appeal has held that in Motor Accident Claims the claimant is entitled to get compensation fo.....
Tags : Kerala High Court, Motor Accident Claims, Actual Damages
Delhi HC: Quantum of Damages Can Only be Decided After Trial(11.07.2022)
Delhi High Court has held that quantum of damages to be awarded to the plaintiff can only be decided after the trial and therefore a plaint cannot be .....
Tags : Delhi High Court, Quantum of Damages, Trial
SCDRC: Insured Should Take All Reasonable Steps to Safeguard Vehicle Insured From Loss or Damages(14.07.2022)
State Consumer Dispute Redressal Commission, Chandigarh has held that insured should take all reasonable steps to safeguard the vehicle insured from l.....
Tags : SCDRC, Insured, Vehicles, Damages
Del. HC: Liquidated Damages Mentioned in Agreement Can’t be Awarded in Absence of Proof of Loss(22.09.2023)
Delhi High Court has held that sum ascertained as liquidated damages in the contract is not in the nature of penalty, but is a pre-estimate of loss es.....
Tags : Delhi High Court, Liquidated Damages, Proof of Loss
Delhi HC: Recovery of LD Not Time Barred if Imposition of LD Was Contingent on Extension of Time(02.08.2022)
Delhi High Court has held that arbitrator cannot reject the claim of a party for refund of Liquidated Damages (LD) as barred by time if it was inextri.....
Tags : Delhi High Court, Arbitration, Liquidated Damages
Allahabad HC Dismisses Plea to Quash Notices to Recover Public Loss from Anti-CAA Protesters(12.02.2020)
Allahabad High Court has dismissed a Petition challenging notices issued by the District Administration of State of Uttar Pradesh to recover damages f.....
Tags : Allahabad High Court, Damages for Loss of Public Property, Anti- Citizenship Amendment Act Protests
SC: Claim for Damages Can’t Result in Award Without Proof of Injury(25.10.2023)
Supreme Court has held that a claim for damages, whether general or special, cannot as a matter of course result in an award without proof of the clai.....
Tags : Supreme Court, Award, Damages, Public Policy
NGT Orders Constitution of Joint Committee to Analyse Damage to Riverine Ecology(31.12.2020)
National Green Tribunal (NGT) has constituted a Joint Committee to consider the effects of the proposed construction of new campus of SCB Medical Coll.....
Tags : National Green Tribunal, Damage to Riverine Ecology, Construction of SCB Medical College
Kerala HC Directs PFI to Deposit Over Rs 5 Crores Towards Hartal Damages(29.09.2022)
Kerala High Court has directed Popular Front of India (PFI) to deposit amount of Rs.5.20 crores towards damages estimated by State Government as well .....
Tags : Kerala High Court, PFI, Damages
Supreme Court Seeks UP Government's Reply on Plea Against Recovering Damages(01.02.2020)
Supreme Court has sought response of the Uttar Pradesh Government on a plea seeking quashing of notices sent to alleged protesters by district adminis.....
Tags : Supreme Court, Damages
Madras HC Refuses to IPS Officer Plea to Reject MS Dhoni’s Plaint in Civil Suit Seeking Damages(10.12.2021)
Madras High Court has refused to entertain an application filed by IPS officer G. Sampath Kumar to reject the plaint in a civil suit, preferred by cri.....
Tags : Madras High Court, Civil Suit Seeking Damages
NGT Orders Interim Compensation for Environment Damage, Spreading Muck Beyond Allotted Area(09.11.2021)
National Green Tribunal has directed the project proponent to deposit Rs. 2 Crore as interim compensation for causing environment damage and spreading.....
Tags : National Green Tribunal, Compensation for Environment Damage
UK Supreme Court: Refugee can Pursue Claim for Damages Against Government for Illegal Detention(28.02.2020)
United Kingdom Supreme Court has allowed the appeal of a refugee to pursue a claim for damages against the Government for unlawful detention and held .....
Tags : United Kingdom Supreme Court, Refugee, Damages Against Government
Kerala HC Pulls State for Failure to Recover 5.2 Cr. Damages from PFI(20.12.2022)
Kerala High Court has pulled up the State over the delay in recovery of damages of Rs. 5.20 Crore from banned Popular Front of India (PFI) and its off.....
Tags : Kerala High Court, Popular Front of India (PFI), Recovery, Damages
Gauhati HC: Can’t Award Damages for Additional Work Done Without Consent of Employer(27.12.2022)
Gauhati High Court has held that arbitrator can’t invoke Section 70 of Indian Contract Act to award damages for the additional work carried out withou.....
Tags : Gauhati High Court, Damages, Additional Work, Contract Act
Law Commission Releases Report – Revisiting the Law on Prevention of Damage to Public Property(05.02.2024)
The 22nd Law Commission has released a suo-motu Report titled "Revisiting the Law on Prevention of Damage to Public Property” that recommends amendmen.....
Tags : Law Commission, Public Property, Prevention of Damage, Prevention of Damage to Public Property Act
Delhi HC Seeks Response on Recovery of Damages on Public Properties from CAA Protestors(22.03.2022)
Delhi High Court has sought response of the Centre, Delhi government and police on a public interest litigation seeking direction to the authorities t.....
Tags : Delhi High Court, Recovery of Damages on Public Properties
Delhi HC Issues Notice on Plea by Delhi 2020 Riots Victim Seeking Damages(07.04.2021)
Delhi High Court has issued notice on and sought responses of the Centre, Delhi Government and others on a plea by a Delhi 2020 riots victim seeking d.....
Tags : Delhi High Court, Damages to Riots Victim
AAR, Telangana: Liquidated Damages Recovered for Delay in Completion of Project Attracts 18% GST(22.02.2022)
Authority for Advance Ruling (AAR), Telangana has ruled that liquidated damages recovered by Applicant for delay in commissioning under an agreement c.....
Tags : Authority for Advance Ruling, Liquidated Damages
Delhi HC: Liquidated Damages Over & Above Actual Damages Cannot Be Awarded by Sole Arbitrator(01.02.2022)
Delhi High Court has observed that in breach of a contract, if the actual damages have been ascertained then the sole arbitrator is not justified in g.....
Tags : Delhi High Court, Liquidated Damages
Delhi HC: Arbitral Tribunal Cannot Decrease Liquidated Damages on Guess Work(02.05.2022)
Delhi High Court has ruled the arbitral tribunal can’t reduce the liquidated damages on guesswork if it finds that it is genuine pre-estimated damages.....
Tags : Delhi High Court, Arbitral tribunal, liquidated damages, pre-estimated damages
NGT Directs Three States to Deposit Rs. 25 Lakhs Each for the Continued Damage to the River(03.06.2019)
NGT has pulled up States of Bihar, Jharkhand and West Bengal over inaction on their part to respond to the Green Tribunal for unabated damage to river.....
Tags : National Green Tribunal, Damage
SC: S.16 of Carriage by Road Act Apply only to proceedings in Connection With Damage to Consignment(02.05.2023)
Supreme Court has held that provision of Section 16 of Carriage by Road Act, 2007 doesn’t come into play vis-à-vis condition of giving a notice in res.....
Tags : Supreme Court, Carriage by Road Act, Damage, Consignment
Supreme Court to Hear Fresh Plea to Stall Release of Padmavati Outside India(29.11.2017)
Supreme Court to Hear Fresh Plea to Stall Release of Padmavati Outside India
Tags : Sharma alleged that grave damage will be done to social harmony if the movie is allowed to be released outside India.
Delhi HC: Provision for Quantum of Damages Under LA Act Would Apply to Arbitrations Under RDP Act(24.05.2022)
Delhi High Court has held that the provisions for the quantum of damages under Land Acquisition Act, 2013 (LA Act) would apply to arbitrations under t.....
Tags : Delhi High Court, Damages, Arbitrations
CESTAT, Hyderabad: Liquidated Damages Does Not Attract Service Tax(10.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has held that receipt of liquidated damages by the service provider for breach of condit.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, liquidated damages, Service Tax
Judgments
Existence of a concluded contract is sine qua non in compensation claim for loss and damages(21.04.2017)
Respondent's Suit for breach of contract and damages was decreed by Principal District Court, in Original Suit for a sum of Rs. 5,25,55,460/- with int.....
Tags : Decree, Damages, Validity
Party complaining breach of contract is entitled to reasonable compensation whether or not actual loss is proved to have been caused(21.04.2017)
Mahanagar Telephone Nigam Limited ('MTNL') has filed present petition under Section 34 of Arbitration & Conciliation Act, 1996 challenging an Award da.....
Tags : Damages, Compensation, Validity
Insurance coverage cannot be available for a vague or indefinite period(16.12.2016)
Government of Andhra Pradesh awarded work of Investigation, Design and Execution of Tunnel -1 & Tunnel - 2, including Head Regulator at entrance of po.....
Tags : Coverage, Insurance, Damages
No interference with the arbitral award would be warranted unless the Court finds that the view is patently illegal or perverse(19.09.2023)
By way of present petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the A&C Act'), the Petitioner-National Highways Auth.....
Tags : Award, Damages, Legality
Compensation for damage 'safely inferred' to have been caused by activity(30.07.2015)
Noting that the Applicants had filed an application 5 years after construction work by the Respondents had stopped, no major structural damage had occ.....
Tags : construction, damage, nexus
Insured is required to intimate loss or damage to insurer expeditiously and within a reasonable time(25.10.2016)
As complaint was dismissed by Commission, review petitioner/complainant preferred an appeal before Supreme Court. In terms of liberty granted by Supre.....
Tags : Loss or damage, Claim, Delay
International Cases
A person who suffers damage as a result of malicious prosecution of a civil suit against him is entitled to recover that damage(20.07.2016)
Principal issue in instant appeal is relating to prosecution of civil proceedings in tort of malicious prosecution. Instant appeal is from a decision .....
Tags : Malicious prosecution, Civil suit, Damages
Reasonableness is a more demanding objective standard requiring the publisher to satisfy the Court that, publication would not constitute an abuse of the freedom of the press(11.08.2017)
Present is an appeal against the decision of Trial Judge on 9th December, 2015 in which he rejected the Appellant's claim for damages and injunctive .....
Tags : Publication, Articles, Damages, Grant
A domestic “suspension” provision cannot defer the expiry of the Convention’s limitation period beyond that long stop(17.10.2018)
Present appeal raises a question about the interpretation of Article 16 of the Athens Convention relating to the Carriage of Passengers and their Lugg.....
Tags : Negligence, Damages, Grant
In order to avoid liability under Section of COIDA, onus of satisfying the Court is on employer(04.03.2021)
In present case, On 5 April 2017 the Appellant, Ms Catherine Churchill, went to work as usual at the offices of the first Respondent, the Premier of 4.....
Tags : Damages, Compensation, Entitlement
Unless there has been some improper conduct on part of arbitrator, a bona fide mistake either of law or fact made by arbitrator does not constitute misconduct or a gross irregularity(17.06.2021)
The Appellant and the first and second Respondents (the respondents) concluded a restraint of trade agreement in 2008. In May 2017, the Respondents co.....
Tags : Review, Award, Damages
Wrongfulness was to be established objectively, taking into consideration the legal convictions of the community(13.01.2023)
Appeal is against an order of the Eastern Cape, East London Circuit Court (the high court) which held the Democratic Alliance liable for damages for i.....
Tags : Dignity, Infringement, Damages
State is liable for any delictual or contractual damage or loss caused as a result of any act or omission in connection with any school activity conducted by a public school(13.02.2023)
The Appellant, the MEC of Education, North West, was found liable in terms of Section 60 of the South African Schools Act, 1998 for damages suffered b.....
Tags : Damages, Liability, Provision
Unless the court otherwise directs, an originating process must be supported by an affidavit stating the facts in support of the process(10.05.2023)
Matthew Hartland (Plaintiff) was employed as a carpenter/concreter by Togail Na Heireann Pty Ltd. On 21 May, 2020, he attended a site controlled and o.....
Tags : Damages, Personal injuries, Evidence
Director of a company is liable for any loss, damages or costs sustained by the company as a consequence of any breach by the director(24.04.2024)
Present appeal concerns the interpretation of Section 218(2) of the Companies Act, 2008. The high court considered and upheld an exception to the part.....
Tags : Damages, Director, Liability
While an appeal to Court of Appeal is by way of rehearing, a trial judge’s findings of fact should not be overturned simply because Court of Appeal would have found them differently(05.12.2018)
Present appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo. The six claimants were the owners and bill .....
Tags : Consignment, Damage to cargo, Burden of proof
Delay itself constitutes a breach of claimant’s Convention rights and gives rise to a right to bring proceedings under Human Rights Act(06.03.2019)
The central issue in present appeal is whether the Court of Appeal in Northern Ireland was entitled to order that, a claim for damages under Section 8.....
Tags : Investigation, Delay, Damages, Entitlement
Liability in tort, delict or quasi-delict can only arise, if a causal connection can be established between damage and event in which that damage originates(21.03.2018)
In facts of present case, between May 2005 and February 2009, Mr. Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a ban.....
Tags : Conspiratorial agreement, Damages, Jurisdiction
“Deliberate acts” in Clause 14 of the policy includes acts which are intended to cause injury(23.04.2021)
On 9 August 2013, Craig Grant was killed as a result of an assault on him by Jonas Marcius, a door steward employed by the Prospect Security Ltd ("Pro.....
Tags : Insurer, Liability, Damages
In absence of an available market, measure of loss is difference between contract rate and what was or ought reasonably to have been earned from employment of vessel under shorter charterparties(28.06.2017)
Present appeal concerns assessment of damages arising out of repudiation of a charterparty by charterers of a cruise ship called New Flamenco (“vessel.....
Tags : Award, Damages, Assessment
Apple loses patent battle for mobile processors but pays less than expected(16.10.2015)
A jury in Wisconsin has found Apple guilty of infringing patents owned by Wisconsin Alumni Research Foundation, or WARF. It awarded WARF $234 million .....
Tags : Apple, patent, lose, warf, processor, iphone, ipad, million, damages