contract as may
be prescribed and different percentages may be
prescribed for different types of works contract.”
(ii) Works Contract – Pre and Post 46th Amendment ... determine whether a particular contract was a works
contract or a contract for sale, the dominant nature of the contract
Civil Appeal
entire and
indivisible works contract of service
wherein, though the material used therein
passed through and though the said
contract could be broken for determining ... composite transactions the
drafters of the Forty-sixth
Amendment chose three specific
situations, a works contract, a
hire-purchase contract and a
catering contract
interpretation of the learned AT is accepted, then all contract
executed pre amendment would be out from the purview of these
Digitally Signed ... determinability is a matter
of construction and/or interpretation of a contract. A contract cannot
be stated to be determinable solely because
contract is at the
discretion of the Court, and that while considering a suit for specific
performance of a contract, the Court can exercise ... prior to the 2018 amendment of Specific Relief Act,
1963 which mandated that "the specific performance of a contract shall be
enforced
below twenty
five per cent, on the commencement of the Securities
Contracts (Regulation) (Amendment) Rules, 2014, shall
increase its public shareholding to at least twenty ... falls below twenty-five per cent. in consequence to the
Securities Contracts (Regulation) (Amendment) Rules,
2015, such company shall increase its public
shareholding
below twenty
five per cent, on the commencement of the Securities
Contracts (Regulation) (Amendment) Rules, 2014, shall
increase its public shareholding to at least twenty ... falls below twenty-five per cent. in consequence to the
Securities Contracts (Regulation) (Amendment) Rules,
2015, such company shall increase its public
shareholding
dated 16th April,
2014, thereby concluding a contract between the parties. ('the Contract').
5. The Contract provided for supply and installation ... made to the contract, wherein the scope of work was expanded
increasing the Contract value to ₹16,33,83,530/-. By Amendment No.2 dated
ground for rejection of application for amendment. It is his
contention that the amendment is essential for deciding the
suit on merits, and therefore ... point of limitation for claiming specific performance
of contract. The limitation for claiming specific performance of
contract thus expired somewhere around June, 2015. This
agreement as a whole, it appears to us
the subject contract is a single contract for lease of “Vanaspati Factory” for
manufacture of Vanspati ... levied
when the contract in question was a single and indivisible works
contract. After the 46th Amendment the works contract which was
an indivisible
amended by CPC Amendment Act, 1976 :- The provisions of Order 37
Rule 1(2), as amended by CPC Amendment Act, 197,6 has been extracted ... which found
mention in 1936 Amendment, were deleted.
35. Thus, since 1966 amendment, the existence of a written
contract for a recovery of a debt
