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Search Results for "Railway Construction Contract"

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High Court

Bombay High Court Dismisses Petition by Principal Employer Challenging Gratuity Liability for Contractor's Employees. Principal Employer Held Liable Under Section 7 of Payment of Gratuity Act, 1972 for Gratuity of Contractor's Workmen When Contractor Fails to Pay.

5 Jan 2017

The petitioner, Cummins (I) Limited, an engineering company, challenged a common order dated 30 May 2003 passed by the Controlling Authority under the...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

High Court

Bombay High Court Allows Appeal in MVAT Case — Repairs/Reconstruction Contracts Covered Under 'Construction Contracts' for Tax Rate Purposes. The Court held that the term 'construction contracts' in Section 42(3) of the MVAT Act read with Notification dated 30 November 2006 includes repairs/reconstruction of buildings, and the rate of tax is 5%.

25 Jul 2017

The appellant, Painterior (India), a registered partnership firm under the Maharashtra Value Added Tax Act, 2002 (MVAT Act), is engaged in the busines...

High Court

Bombay High Court Allows Writ Petition Quashing Stamp Duty Order in Seawoods Project Development Agreement — Lease Deed Not Liable to Stamp Duty as Conveyance Under Bombay Stamp Act, 1958. The court held that a development agreement-cum-lease deed executed by CIDCO for a 60-year term is a lease, not a conveyance, and is chargeable under Article 36 of Schedule I of the Bombay Stamp Act, 1958.

28 Sep 2012

The petitioners, Larsen and Toubro Ltd and its subsidiary, challenged an order dated 16 July 2011 passed by the Chief Controlling Revenue Authority (r...

High Court

Bombay High Court Hears Writ Petitions Challenging Reduction of Debarment Penalty in Solid Waste Tender Dispute. Court Considers Whether Appeal Against Debarment Order Was Maintainable Under Contractor Registration Rules, 1992.

21 Feb 2019

The dispute arose from a tender floated by the Municipal Corporation of Greater Mumbai (MCGM) on 08.05.2018 for transportation of municipal solid wast...

High Court

Bombay High Court Allows Section 11(6) Petition for Appointment of Arbitrator in Construction Contract Dispute — Respondent's Failure to Appoint Arbitrator Despite Repeated Requests Constitutes Failure of Mechanism. The court held that the respondent's inaction for over a year amounted to waiver of its right to appoint an arbitrator under the arbitration agreement.

2 Jun 2020

The petitioner, Afcons Infrastructure Limited, entered into a contract with the respondent, Konkan Railway Corporation Limited, on 12 December 2005 fo...

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Contract Dispute — No Patent Illegality Found in Arbitrator's Interpretation of Contract Terms. The court held that the arbitrator's construction of the contract was a possible view and not perverse, thus no interference under Section 34(2-A) of the Arbitration and Conciliation Act, 1996.

2 Mar 2020

The petitioners, Gateway Distriparks Limited and Gateway Rail Freight Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Tender Award in Smart City Project — No Material Irregularity Found in Evaluation Process. The court held that the deviations in the commercial bid were not material and the tender committee's decision was reasonable.

21 Mar 2019

The petitioner, NEC Technologies India Pvt. Ltd., challenged the decision of Shivamogga Smart City Limited (respondent No.1) to award a tender to Bhar...

High Court

High Court of Karnataka Allows Appointment of Independent Arbitrator in Railway Contract Dispute Under Section 11(6) of Arbitration and Conciliation Act, 1996. Unilateral Appointment of Arbitrator by Respondent Held Invalid; Former High Court Judge Appointed as Sole Arbitrator.

8 Dec 2017

The petitioner, M/s. Eagle – MPCC (J.V.), a joint venture company, entered into a contract with the respondent, South Western Railway, on 08/03/2011...

Supreme Court

Supreme Court Upholds Arbitral Award in Favor of Concessionaire in Airport Metro Express Line Dispute. The court held that the Delhi High Court's interference under Section 37 of the Arbitration and Conciliation Act, 1996 was unjustified, as the Arbitral Tribunal's findings on defects and material breach in the concession agreement were based on evidence and within its jurisdiction.

9 Sep 2021

The Supreme Court of India addressed civil appeals arising from a dispute between Delhi Airport Metro Express Pvt. Ltd. (DAMEPL), the appellant and co...

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