Search Results for "Works contract"

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Search Results for "Works contract"

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High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of Withheld EPF/ESI Amounts but Remits Liquidated Damages Issue for Reconsideration. The court held that the rejection of liquidated damages claim was patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996, while the award of refund of EPF/ESI deductions was not against public policy.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 01.07.2019. Th...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

25 Jun 2019

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

Bombay High Court Allows Election Petition Challenging Election of Respondent No.2 as Member of Maharashtra Legislative Assembly from Sakoli Constituency on Ground of Disqualification Under Section 9A of Representation of the People Act, 1951. Court holds that subsisting contracts with State Government at time of scrutiny of nomination papers disqualify candidate from contesting election.

31 Oct 2018

The petitioner, Sevakbhau Nirdhangi WaghayePatil, filed an election petition under Section 81 of the Representation of the People Act, 1951, challengi...

High Court

Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

1 Mar 2018

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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 Upholds Arbitral Award in Price Escalation Dispute Under FIDIC Contracts — Formula Interpretation Not Permissible When Language Is Clear. Court holds that a price escalation formula in a contract, being a mathematical expression, cannot be interpreted or varied by an arbitrator if its terms are unambiguous.

31 Mar 2017

The judgment concerns two arbitration petitions arising from contracts between the Municipal Corporation of Greater Mumbai and two contractors, M/s. A...

High Court

Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

1 Aug 2016

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

High Court

Bombay High Court Dismisses PIL Challenging MCGM Contract Awards in Public Interest Litigation. Court Finds No Irregularity in Tender Process and Upholds Validity of Contracts for Road Works.

5 Jul 2016

The present Public Interest Litigation (PIL) was filed by Jayshree Ramakant Khadilkar Pande challenging the award of four contracts by the Municipal C...

High Court

Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

5 Jan 2015

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Excess Material Consumption Claim Upheld, Defective Work Claim Set Aside. Court Interprets Contractual Wastage Allowances and Holds That Arbitrator's Findings on Excess Consumption Are Not Perverse, But Award for Defective Work Lacks Evidence.

2 Sep 2014

The petitioner, New Consolidated Construction Co. Ltd., challenged an arbitral award dated 16th September 2013 under Section 34 of the Arbitration and...

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