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S. 74 Contract Act | Forfeiture Of Earnest Money Permissible If It's Not Excessive Amounting To Penalty : Supreme Court
Yash Mittal
3 Feb 2025 7:45 PM IST
The Supreme Court today (Feb. 3) clarified that forfeiting a reasonable earnest money deposit in a contract does not constitute a penalty under Section 74 of the Contract Act, 1872. “It can be seen that this Court has held that if the forfeiture of earnest money under a contract is reasonable, then it does not fall within Section 74 of the Indian Contract Act, 1872, inasmuch as, such...
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