Skip to content


Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Year: 2018 Page 5 of about 72 results (0.059 seconds)

Dec 07 2018 (HC)

National Highways Authority of India vs.hindustan Construction Co Ltd

Court : Delhi

Decided on : Dec-07-2018

..... views are reasonable and based on contemporaneous evidence. consequently, no ground has been made out under section 34(2)(b)(ii) of the act to persuade the court to interfere with the impugned majority award in relation to claim no.4.12. from the perusal of the finding of the learned single ..... adopt a viaduct in place of high embankment. the contract did not envisage such change in construction. the engineer by letters dated 23rd august, 2008 and 8th september, 2008 directed hccl to carry out the construction of viaduct in place of retaining walls. thus, the original scope of work allotted to hccl was ..... been factored into the indexing price formula, no further payment to the contractor was justified. as against this, we find that the decision of this court in nhai v. gammon- atlanta (supra) directly dealt with a controversy parallelizing that involved in the present case. 11.6 as regards the specific grievance ..... the view which he holds to be the correct one after considering the material before him and after interpreting the provisions of the contract. the court while considering challenge to an arbitral award does not sit in appeal over the findings and decisions unless the arbitrator construes the contract in such ..... obtained from contractor s own borrow pit .4. on this claim, the learned single judge has held as under: 11. in this context, the court would like to refer to the following findings of the impugned majority award: fao(os) (comm) 154/2017 page 2 of 17 a. the substitution .....

Tag this Judgment!

Oct 03 2018 (HC)

M/S Db Corp Ltd. Vs.m/s Chd Developers Ltd.

Court : Delhi

Decided on : Oct-03-2018

..... . engineers (p) ltd. v. union of india, reported at (2011) 5 scc758 demarcated the boundary while explaining the ambit of section 34(2) of the act. the court in the aforesaid judgement relied upon the pronouncement of ongc ltd. v. saw pipes, in paragraph 19, held as under: fao(os)(comm).225/2018 page 15 ..... remedy to which they may be entitled by law or equity. 12. counsel for the appellant submits that a back to back share subscription agreement dated 12.02.2008 (hereinafter referred to for short as ssa ) was also executed between the parties. the respondent company received a sum of rs.3.0 crores from the ..... ,00,00,000 3,00,00,000 fao(os)(comm).225/2018 page 2 of 16 9. the appellant contented that it commenced publication of advertisement from april, 2008. around november 2009, the equity share price of the respondent company dropped down to rs. 5 per share and since then, it has been fluctuating around rs ..... + rs. 38 premium per share). pursuant to which, the parties entered into two agreements, viz., share subscription agreement (ssa) and advertising agreement dated 12.02.2008.7. as per the agreement, the appellant made the payment of rs. 3,00,00,000/- (rupees three crores only) to the respondent on 18.02 ..... .2008, in return the respondent paid rs, 3,00,00,000/- (rupees three crores only) as advance against the advertising agreement. as per clause 2.7 .....

Tag this Judgment!

Oct 31 2018 (HC)

Vodafone Mobile Services Limited vs.commissioner of Service Tax, Delhi

Court : Delhi

Decided on : Oct-31-2018

..... items is not available to the telecom service providers.? 35. the circular was an offshoot of the decision of the bombay high court in hutchison max telecom p. ltd. 2008 (224) elt191(bom) where the triveni (supra) immovability test was followed. the assessee contended that the revenue during the ..... right of the right to use immovable property does not fall within the scope of the vat act, there was no tax liability. the court did refer to the decision of the supreme court solid & correct engineering (supra), on the test of permanency and whether the chattel is capable ..... chapter 85, chapter 90, heading 6805, grinding wheels and the like, and parts thereof falling under heading 6804 of the first schedule to the central excise tariff act; (ii) pollution control equipment; (iii) components, spares and accessories of the goods specified at (i) and (ii); (iv) moulds and dies, jigs and ..... property. that is because anything that is not immovable property is by its definition "moveable" in nature. section 3 of the transfer of property act, 1882 does not spell out an exhaustive definition of the expression "immovable property". it simply provides that unless there is something repugnant in the ..... nor the use of the said goods in providing output service. information, about use of the goods and chapter heading under the central excise tariff act [hereafter ceta ]. was called for from the assessees, which were furnished. it was alleged that the assessees had suppressed material facts and knowingly .....

Tag this Judgment!

Jan 08 2018 (HC)

National Highways Authority of India vs.mapex Infrastructure Pvt. Ltd.

Court : Delhi

Decided on : Jan-08-2018

..... of 14 & 16 june 171.24 2005 9 69.5 33. the above is a finding of fact. this court, in exercise of its powers under section 34 of the act, cannot convert itself into a court of appeal and start re-appreciating the evidence to find out if a different omp nos.384 & 391/2015 ..... agreement between mapex and the epc contractor. recently in case of sharma and associates contractors pvt. ltd. vs. progressive constructions ltd. (2017) 5 scc743 supreme court upheld the setting aside of an arbitral award which had granted a claim of revised rates in favour of a sub-contractor relying upon a clause in the ..... of scope and additional works: rs. 28,073,044/- revised calculation rs. 31,151,661/- as amended claim no.8 and updated to 9.11.2008 interest on the amounts of aforesaid claims no.1 to 9 at the rate of 13.5% per annum from the period between the respective dates on ..... unanimous award challenged not challenged unanimous award not challenged not challenged. interest @ 12% per annum on the amounts awarded under claim no.8 from 9.07.2008 till payment claim is in duplication of claim no.7 rs. 36,963,258/-, amended claim for revised amount of rs. 18,838,148/ interest on ..... 926/- challenged to the amount awarded by majority arbitrators 7. financing cost: rs. 305,954,444/- revised calculation rs. 722,371,218/- as updated to 9.11.2008 challenged the interest awarded by majority arbitrators interest @ 12% per annum on the amounts awarded under claims no.3 & 6 from 10.6.2005 till payment. interest @ .....

Tag this Judgment!

Jan 08 2018 (HC)

Mapex Infrastructure Pvt. Ltd. Vs.national Highways Authority of India

Court : Delhi

Decided on : Jan-08-2018

..... of 14 & 16 june 171.24 2005 9 69.5 33. the above is a finding of fact. this court, in exercise of its powers under section 34 of the act, cannot convert itself into a court of appeal and start re-appreciating the evidence to find out if a different omp nos.384 & 391/2015 ..... agreement between mapex and the epc contractor. recently in case of sharma and associates contractors pvt. ltd. vs. progressive constructions ltd. (2017) 5 scc743 supreme court upheld the setting aside of an arbitral award which had granted a claim of revised rates in favour of a sub-contractor relying upon a clause in the ..... of scope and additional works: rs. 28,073,044/- revised calculation rs. 31,151,661/- as amended claim no.8 and updated to 9.11.2008 interest on the amounts of aforesaid claims no.1 to 9 at the rate of 13.5% per annum from the period between the respective dates on ..... unanimous award challenged not challenged unanimous award not challenged not challenged. interest @ 12% per annum on the amounts awarded under claim no.8 from 9.07.2008 till payment claim is in duplication of claim no.7 rs. 36,963,258/-, amended claim for revised amount of rs. 18,838,148/ interest on ..... 926/- challenged to the amount awarded by majority arbitrators 7. financing cost: rs. 305,954,444/- revised calculation rs. 722,371,218/- as updated to 9.11.2008 challenged the interest awarded by majority arbitrators interest @ 12% per annum on the amounts awarded under claims no.3 & 6 from 10.6.2005 till payment. interest @ .....

Tag this Judgment!

May 30 2018 (HC)

State Trading Corporation of India vs.helm Dungemittel Gmbh & Anr

Court : Delhi

Decided on : May-30-2018

..... 3,00,000 mt @ us$ 359 pmt cfr i.e. the l-1 bid received against ipl tender which closed on 15.10.2008. we are, therefore, unable to act on your letter received a while ago at this juncture. fao (os) (comm) no.76/2016 page 15 of 23 thanking you, ..... resolution of disputes between the parties, the award is not open to challenge on the ground that the arbitrator has reached a wrong conclusion. the courts do not interfere with the conclusion of the arbitrator even with regard to the construction of contract, if it is a plausible view of the ..... contention of the senior counsel for the respondent that the argument made by the appellant before the learned single judge and being made before this court, that the particular clause in the contract is a contract of indemnification, was not even raised before the arbitral tribunal and did not form ..... interference with the awards challenged in the petitions before them has become a matter of routine, imperceptibly but surely erasing the distinction between arbitral tribunals and courts. section 34 jurisdiction calls for judicial restraint and an awareness that the process is removed from appellate review. arbitration as a form of alternate dispute ..... meet for the reason that there was basic difference in the approach of the majority award and the minority award and in those circumstances, the court observed that it was incumbent in such circumstances for the majority to have discussed the point raised by justice wadhwa in the dissenting award. in .....

Tag this Judgment!

Apr 11 2018 (HC)

Nhai vs.m/s. Prakash Atlanta (Jv)

Court : Delhi

Decided on : Apr-11-2018

..... the appeal, with respect to rejection of nhai s counter claim, urging that the learned single judge erred in not holding that the at acted contrary to the record. however, this court is of opinion that the et granted by nhai, which resulted in extension of period of performance, and the subsequent termination of contract by ..... cost which amounted to 33.33% of the basic cost for the stipulated 36 months plus the additional period of 42.5 months up to 14.03.2008. the at awarded loss of overheads and profits for 35.17 months till 04.08.2007. at held that there could not be any claim for profit ..... comment on the said time frame by the nhai or the engineer. according to the at, this led to the inference that the eot was up to 31january, 2008. in the above circumstances, the claim of the nhai for ld from 15november, 2006 does not appear to be justified. fao (os) (comm) 1/2017 page ..... so. the learned single judge also noticed this and held that: the at took into account the fact that nhai s engineer recommended the eot till 31january, 2008 and this was recorded in the minutes of the meeting held on 26november, 2007. the record further showed that pajv had committed to complete the railway span ..... scheduled completion date and a final extension of time ( eot ) was granted up to 15.11.2006. prakash terminated the contract on 14.03.2008 and nhai on 23.03.2008. nhai raised a counter-claim initially before the third at presided over by justice ahmadi (retd) but later raised them before the at presided .....

Tag this Judgment!

Dec 19 2018 (HC)

National Highways Authority of India (Ministry of Road Transport and H ...

Court : Delhi

Decided on : Dec-19-2018

..... the petitioner submits that there were various reasons for the work not being completed within the stipulated period. he draws specific reference to the letters dated 04.07.2008, 22.08.2008, 06.11.2008, 26.06.2009, 03.08.2009, 08.10.2009 and 12.11.2009, wherein the respondent was claiming extension of time on o.m.p. (comm) 462/2018 ..... was that it would itself do rough and ready justice . we are at a complete loss to understand how this can be done by any court under the jurisdiction exercised under section 34 of the arbitration act. as has been held above, the expression justice when it comes to setting aside an award under the public policy ground can only mean that ..... 22.000 of lumding to lanka section including lanka bypass of nh- 54 in assam.2. based on the supplementary agreement dated 14.02.2008, the date of commencement of the work was taken as 15.03.2008. the stipulated time for completion of the work was thirty months, however, the work was actually completed on 28.12.2011. the project engineer ..... (hereinafter referred to as the act?) has been filed by the petitioner challenging the arbitral award dated 07.06.2018 passed by the arbitral tribunal adjudicating the disputes that have arisen between the parties in relation to the contract dated 27.01.2006 read with supplementary agreement dated 14.02.2008 with respect to the work of widening and strengthening of national .....

Tag this Judgment!

Oct 01 2018 (HC)

Ashok Kumar Gupta & Ors vs.state (Govt of Nct of Delhi) & Anr

Court : Delhi

Decided on : Oct-01-2018

..... to attract the punitive mandate crl. mc49052016 page 34 of 41 of section 306 ipc. contiguity, continuity, culpability and complicity of the indictable acts or omission are the concomitant indices of abetment. section 306 ipc, thus criminalises the sustained incitement for suicide.? 60. studies have shown that suicide ..... commission of suicide is imperative. any severance or absence of any of these constituents would militate against this indictment. remoteness of the culpable acts or omissions rooted in the intention of the accused to actualise the suicide would fall short as well of the offence of abetment essential ..... and goading thus:-"?17. thus, to constitute ?instigation?, a person who instigates another has to provoke, incite, urge or encourage the doing of an act by the other by ?goading? or ?urging forward?. the dictionary meaning of the word ?goad? is ?a thing that stimulates someone into action; ..... . state air2011scc238 the word suicide is coined by two expressions they including sui which means self and cide which means killing , thus implying an act of self-killing . to put it simply, the person committing suicide must commit it by himself irrespective of the means employed by him in ..... singh criminal appeal nos. 94-97/2013; and ruling of a division bench of this court in budhan singh & ors. vs. state (through n.c.t. of delhi) 2008 (2) jcc1017and a division bench of the high court of bombay reported as dhondiram vs. state of maharashtra & ors. 2016 scc online bom .....

Tag this Judgment!

Mar 19 2018 (HC)

M/S l.g. Electronics India (P) Ltd vs.dinesh Kalra

Court : Delhi

Decided on : Mar-19-2018

..... in law, and even errors, factual or legal, which stop short of perversity, do not merit interference under sections 34 or 37 of the act. this hon ble court in the case of p.c.l suncon (jv) v n.h.a.i.,2015 scc online del 13192 , in para 24 stated that ..... (p) ltd. v. union of india, reported at (2011) 5 scc758 demarcated the boundary while explaining the ambit of section 34(2) of the act. the court in the fao(os)(comm).86/2016 page 12 of 16 aforesaid judgement relied upon the pronouncement of ongc ltd. vs. saw pipes , in paragraph 19 ..... resolution, running parallel to the judicial system, attempts to avoid the prolix and lengthy process of the courts and presupposes parties consciously agreeing to submit a potential dispute to arbitration with the object of actively avoiding a confrontation in the fao(os)(comm). ..... with the awards challenged in the petitions before them has become a matter of routine, imperceptibly but surely erasing the distinction between arbitral tribunals and courts. section 34 jurisdiction calls for judicial restraint and an awareness that the process is removed from appellate review. arbitration as a form of alternate dispute ..... . mr. sikri, learned senior counsel for the appellant has strenuously urged before this court that the claims of the respondent were hopelessly barred by limitation. the suit was filed as far back as in the year 2008. the arbitrators were appointed in the year 2009 and the subject matter pertain to .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //