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1 - 10 of 43 (0.34 seconds)Section 31 in The Indian Contract Act, 1872 [Entire Act]
M/S Siddharth Construction Co vs India Tourism Development Corporation ... on 14 September, 2021
34. Delhi High Court in the case of Siddharth Constructions
Co. vs India Tourism Development Corporation Ltd. (supra)
inter alia appreciated following observations of Supreme Court
in the case of Delhi Airport Metro Express Pvt. Ltd. vs Delhi
Metro Rail Corporation Ltd., 2021 SCC OnLine SC 695:-
M. Lachia Setty & Sons Ltd. Etc. Etc vs The Coffee Board, Bangalore on 9 October, 1980
......................................................................................
Reasons and Award: After going through the whole agreement
along-with its schedules, a conflict in the wording of clause 12 as
reproduced by claimant and schedule F is visible. Clause 12 of the
agreement on page no. 36 of the agreement reads
"For maintenance works including works of upgradation,
aesthetics, special additions/alterations :
In case of contract items which exceeds the limits laid down in the
schedule contractor shall be paid rates specified in the schedule of
quantities"
Associate Builders vs Delhi Development Authority on 25 November, 2014
Supreme Court
in the case of Associate Builders vs Delhi Development
Authority, (2015) 3 SCC 449 has restricted the scope of public
policy, so the Court does not act as a Court of appeal and
consequently errors of fact cannot be corrected.
The Indian Contract Act, 1872
Section 28 in The Indian Contract Act, 1872 [Entire Act]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Ssangyong Engineering And ... vs National Highways Authority Of ... on 8 May, 2019
33. Supreme Court in case of SSangyong Engineering &
Construction Co. Ltd. vs National Highways Authority of India
(NHAI) (supra) has held that under Section 34 (2-A) of the Act,
a decision which is perverse while no longer being a ground for
challenge under "public policy of India", would certainly amount
to a patent illegality appearing on the face of the award. A finding
based on the documents taken behind the back of the parties by
the arbitrator would also qualify as a decision based on no
evidence inasmuch as such decision is not based on evidence led
OMP (Comm.) No. 79/2022 Delhi State Industrial & Infrastructure Development Corporation Ltd. vs Manish Goel Page 35 of 40
by the parties and therefore would also have to be characterized
as perverse. It is held that a finding based on no evidence at all or
an award which ignores vital evidence in arriving at its decision
would be perverse and liable to be set aside on the ground of
patent illegality.