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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Arbitrator's Post-Retirement Mandate. Construction contract arbitration clause did not terminate arbitrator's mandate upon retirement, and respondents' participation waived objection to continuation under Indian Arbitration Act, 1940.

The dispute originated from a construction contract dated 06.02.1988 between M/s Laxmi Continental Construction Co. and the State of U.P., involving e...

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Bombay High Court Quashes VIDC Circular Imposing 5% TDS on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of 5% TDS from contractor bills held ultra vires the Income Tax Act, 1961 and the VIDC Act.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, filed three writ petitions challenging Circular No. 9 d...

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Bombay High Court Quashes VIDC Circular Imposing Unilateral Deduction of Income Tax at Source on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of TDS on gross value of works contract without considering provisions of Income Tax Act, 1961 held ultra vires.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, had been awarded various works contracts by the Vidarbh...

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Supreme Court Upholds Rejection of Tender for Non-Compliant Bank Guarantee in Public Works Contract. Material Deviation in Performance Security Period Cannot Be Condoned After Bid Submission.

The case arose from a tender called by the Vidarbha Irrigation Development Corporation for balance earthwork in a canal. Three bidders responded: Resp...

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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...