Supreme Court on Liquidated Demands in Money

for a liquidated amount of money, or on a guarantee where the claim against the principal is in respect of such debt or liquidated demand, bill, note, or cheque." ... The plaintiff then applied to the Court, under section 703 of the Code, for summons to issue on the special form which is provided for actions " where the claim is for a debt or liquidated demand in #HL_....

The Court of First Instance held that the stipulation was for a payment by way of liquidated damages; the. Supreme Court took a different view, and held that the stipulation was for a penalty only. ... The Supreme Court over-ruled this decision, and sent the case back to the Court of First Instance to ascertain the actual damage sustained by the plaintiff by reason ....

2023 Supreme(Online)(NCDRC) 1723

As the complainant could not make payment in spite of final demand letter dated 04.02.2015, the opposite party cancelled the allotment on 18.05.2015 and forfeited the entire money. 8.      Supreme Court in M/s. ... We are bound by the judgment of Supreme Court in preference of High Court.    ORDER           In view aforesaid discussions, the complaint is partly allowed.....

2022 Supreme(US)(ca11) 207

Specifically, the Georgia Supreme Court has stated that, Under this statute, prejudgment interest—which flows automatically from a liquidated demand—is to be awarded upon a judgment for a liquidated amount. ... However, it conceded that it would pay the principal if the Supreme Court denied certiorari. ... Georgia law provides for prejudg....

The Court must find out whether the payment stipulated is in truth a penalty or liquidated damages. (2) The essence of a penalty is a payment of money stipulated as in terrorem on the offending party. The essence of liquidated damages is a genuine covenanted pre-estimate of damages. ... If the sum is held to be " liquidated damages " the Court will not interfere with the actual amount,....

Delhi

from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security. ... They have placed reliance on the judgment of the Supreme Court in Kailash Nath and Associates (Supra), wherein the Supreme Court has inter alia held as under: "41. .......

2021 0 Supreme(Del) 1897

The Supreme Court, in Afcons Infrastructure Limited v. ... They have placed reliance on the judgment of the Supreme Court in Kailash Nath and Associates, (Supra), wherein the Supreme Court has inter alia held as under:- (1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand#HL_END....

2022 Supreme(Online)(MAD) 16337

He would also seek to rely upon various pronouncements of the Hon'ble Supreme Court and this Court in support of his submissions. ... She would also rely upon the judgment of the Hon'ble Supreme Court in the case of Oil and Natural Gas Company Limited VS. ... (10) A reading of the above broad proposition of law indicated by the Hon'ble Supreme Court does not essentiall....

2024 Supreme(Online)(NCLT) 5319

It is submitted that in the absence of adjudication by a Civil Court, the Corporate Debtor’s claim for liquidated damages if at all raised, cannot constitute a demand for an ascertained sum of money. v. ... The Hon’ble Supreme Court in Civil Appeal No.9597 of 2018, “Transmission Corporation of Andhra Pradesh limited Vs. ... We are of the considered view that the learned Adjudicating Auth....

Delhi

The Supreme Court, in Afcons Infrastructure Limited v. ... They have placed reliance on the judgment of the Supreme Court in Kailash Nath and Associates, (Supra), wherein the Supreme Court has inter alia held as ... Reference in this regard may be made to the judgment of the Supreme Court in State of Andhra Pradesh vs. ... Reference in this r....

2019 0 Supreme(Guj) 577

What is necessary for the purposes of this case is that a liquidated demand in money must arise on a written contract. The Court of Appeal in T.A. Ruf and Company Ltd. v. Pauwels (1919)1 K.B. 660, was called upon to construe the words "contract in writing". Under Clause (b), under Rule 1(2), a summary suit can be filed to recover a liquidated demand in money payable by the defendant, arising on a written contract. A written contract or a contract in writing need not always be....

2018 0 Supreme(MP) 194

It is also not a suit based upon a document on the basis of which the amount was paid and the recovery of a debt is sought for. It is also not a suit on a written contract or on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt. It is also not a suit of liquidated demand in money payable by the defendants. It is also not a suit on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand....

2013 0 Supreme(Del) 1730

A perusal of the judgment in R. Vijayan v. Baby (supra) would show that in this case, the learned trial court had found the accused guilty of an offence punishable under Section 138 of the Negotiable Instruments Act. Act have been held by the Supreme Court to be substantive proceedings for recovery of money and, therefore, the demand for ad valorem court fee is justified. In support of this submission, reliance has been placed on the pronouncement of the Supreme Court reporte....

2007 0 Supreme(Del) 912

So far as the expression liquidated demand is concerned, the same has been interpreted in AIR 1990 Delhi 278, Rajender Kumar Khanna v. OIC, wherein the Court held thus: "3. The industry of Counsel had not been able to produce a single precedent of Courts in India, which explained what is liquidated demand. However, reference has been made to Words and Phrases Permanent Edition, in which reference is made to Rifkin v. Safenovitz, 40 A 2d 188.

2006 0 Supreme(Guj) 754

Which reads as follows: " (2) subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely - (a) Suits upon bills of exchange, hundies and promissory notes; (b) Suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising - (i) on a written contract; or (ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other....