Case Law Analysis
|Delhi High Court
Earnest Money Forfeiture Upheld; Section 74 ICA Not Extensible to Part-Payments in Sale Agreement | Agreement to Sell : Delhi HC
Delhi High Court confirmed that a seller may retain only the expressly stipulated earnest-money amount, rejecting forfeiture of the full ₹17.5 million paid. The ruling limits Section 74 ICA to penal clauses and excludes later part-payments, urging parties to define earnest money separately.