Reviewed case brief

Fateh Chand v Balkishan Dass

AIR 1963 SC 1405

AIR 1963 SC 1405 · Supreme Court of India

section-74liquidated-damagespenaltyforfeitureearnest-money
Court
Supreme Court of India
Year
1963
Subjects
Law of Contract I
Reviewed
2026-08-02

Rule established

Section 74 of the Indian Contract Act abolishes the English law distinction between penalty and liquidated damages; a party can recover only reasonable compensation not exceeding the amount named in the contract, and must show loss unless it is impossible to prove.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1963 SC 1405; standard casebook authority for S.74 ICA

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.