Reviewed case brief
Kailash Nath Associates v Delhi Development Authority
(2015) 4 SCC 136
(2015) 4 SCC 136 · Supreme Court of India
- Court
- Supreme Court of India
- Year
- 2015
- Subjects
- Law of Contract I
- Reviewed
- 2026-08-02
Rule established
Forfeiture of earnest money under Section 74 is permissible only where the forfeiting party proves loss, or where the amount is a genuine pre-estimate of damage; unconscionable forfeiture without proof of loss is not sustainable.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(2015) 4 SCC 136; reaffirms Fateh Chand
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.