https://www.taxtmi.com/caselaws?id=310007 Where parties are governed by an express contract stipulating consideration and liquidated damages, a claim in quantum meruit under s.70 Contract Act is impermissible, since reasonable compensation is implied only when price is not fixed and contractual stipulations cannot be displaced as unreasonable; consequently, deduction from the counterparty's bills beyond the contractual entitlement was unjustified and any excess had to be refunded. Applying the mandatory nature of statutory contracting formalities for Government contracts as reflecting public policy, the Court held the contract capped liquidated damages at 12%, and only that amount could be adjusted, with any higher sum being recoverable by the other party; the appeal was dismissed and the HC/TDSAT view was upheld. en-us Wed, 27 Feb 2019 00:00:00 +0530 Fri, 19 Dec 2025 13:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310007 Where parties are governed by an express contract stipulating consideration and liquidated damages, a claim in quantum meruit under s.70 Contract Act is impermissible, since reasonable compensation is implied only when price is not fixed and contractual stipulations cannot be displaced as unreasonable; consequently, deduction from the counterparty's bills beyond the contractual entitlement was unjustified and any excess had to be refunded. Applying the mandatory nature of statutory contracting formalities for Government contracts as reflecting public policy, the Court held the contract capped liquidated damages at 12%, and only that amount could be adjusted, with any higher sum being recoverable by the other party; the appeal was dismissed and the HC/TDSAT view was upheld. Case-Laws Indian Laws Wed, 27 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310007