IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS…1440-1441 OF 2015
(ARISING OUT OF SLP (C) NOS.35365-35366 OF 2012)
M/S. CONSTRUCTION & DESIGN SERVICES …APPELLANT
VERSUS
DELHI DEVELOPMENT AUTHORITY …RESPONDENT
The question raised for our consideration is when and to what extent can the stipulated liquidated damages for breach of a contract be held to be in the nature of penalty in absence of evidence of actual loss and to what extent the stipulation be taken to be the measure of compensation for the loss suffered even in absence of specific evidence. Further question is whether burden of proving that the amount stipulated as damages for breach of contract was penalty is on the person committing breach….read more