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Showing posts with label Government contract. Show all posts
Showing posts with label Government contract. Show all posts
Saturday, 28 October 2023

What is concept of reimbursement of unjust enrichment regarding Government Contract?

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  Taking into account the legal position as enunciated in these judgments, the impugned award holds that the absence of a contract would not...

Whether the contractor is entitled to get the payment for work allegedly executed by it even if no concluded contract came into existence?

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It is highlighted at the cost of repetition that works in question had been undertaken by the Claimant for which it has incurred the expendi...
Monday, 2 October 2023

Whether act of State of not deciding application of other party to contract within reasonable time amounts violation of article 14 of constitution?

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  In Mansaram v. S.P. Pathak and Ors. MANU/SC/0363/1983 : (1984) 1 SCC 125 this Court has observed that when a power exists to effectuate a ...
Sunday, 23 July 2023

Whether the government can claim liquidated damages from other party while extending time for completion of project contrary to terms of contract?

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5.2 In the communication granting extension of time with levy of penalty, penalty is levied by the State Government invoking Clause 3.5.5(v)...
Saturday, 23 April 2022

How to appreciate evidence in suit for recovery of money for supply of goods to government department?

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  The plaintiff has filed affidavit under Order 18 Rule 4 CPC reiterating the  plaint averment saying that he has supplied the material to t...
Sunday, 19 December 2021

Whether government can refuse to grant disability pension to employee if he has waived his right to claim disability pension?

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  As held by this Court, a Right to Equality guaranteed under Article 14 of the Constitution of India would also apply to a man who has no c...
Wednesday, 15 December 2021

Can Municipal corporations include a term in the works contract that they will make payments to the contractor as and when funds in a particular budget head are available?

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   As per Himani Alloys Ltd. v. Tata Steel Ltd. (2011) 15 SCC 273 cited by the Corporation, the test for the invoking of Order XII Rule 6 of...
Tuesday, 14 December 2021

Guidelines of Delhi high court for avoidance of delay in payment of contractual amount to contractor in government contract

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  The present guidelines are being issued in all the appeals. The Court has had the opportunity of perusing the trial court records in all t...

Can an arbitrator award interest on delayed payment of the contractual amount in a government contract?

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    In the case of Bright Power Projects (supra), it has been opined by this Court that unless otherwise agreed by the parties, the Arbitral...
Saturday, 11 September 2021

Whether a party can refuse to pay damages for delay caused in the performance of the contract due to its conduct taking the defence of contractual term?

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 Clause 59 prima facie prohibits the claim for compensation by the Contractor on account of the delays and defaults or whatever reasons and ...

Whether arbitrator can grant increase in prices if there is delay in performance of contract due to fault of one party?

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P.M. Paul   v.   Union of India   [1989 Supp (1) SCC 368] is a case which is almost identical on facts. In this matter the work could not be...
Sunday, 29 July 2018

Whether claimant can be granted escalation charges proportionate to delay caused by other side?

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This will require the Court to consider the additional plea urged on behalf of the Plaintiff, namely, that the High Court was not justifie...

How to ascertain limitation for claiming compensation for extra work done?

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Article 18 of the Limitation Act, 1963 provides for tiling of a suit for recovery of money for work done by the Plaintiff, within three ye...
Tuesday, 29 May 2018

Whether earnest money can be forfeited even if there is no forfeiture clause in contract?

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 Reading of Section 74 would go to show that in order to forfeit the sum deposited by the contracting party as "earnest money" o...
Friday, 2 March 2018

Whether arbitrator can allow claim on ground of equity and contrary to terms of contract?

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It is thus clear that the arbitral tribunal has awarded the said claim based on equity and contrary to the terms of the contract. The ar...
Wednesday, 20 September 2017

When contractor is not entitled to claim damages from government?

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There is another perspective on the method or manner in which limitation is to be computed.  We have already narrated that the Responden...
Sunday, 21 May 2017

What is scope of judicial review in matters relating to award of contract by state?

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The scope of judicial review in matters relating to award of contract by the State and its instrumentalities is settled by a long line ...
Sunday, 16 April 2017

Leading Supreme court judgment on Damages

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Justice Bhagwati (as His Lordship then was) speaking for the Bench examined the issue in great detail in the light of law laid down by ...

When encashment of bank guarantee is not permissible?

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Coming now to the facts of the case at hand, we find that wordings of Clause 62 of the contract in question with which we are concerned...
Sunday, 22 January 2017

Whether government can terminate contract without assigning any reason?

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  We agree with the contentions advanced by Mr. Sibal that condition no.8 of the letter of allotment is unconscionable as it gives IOCL a...