debt and extension of credit limits to Rayalaseema amounting to
novation/variation of contract of guarantee. The other two grounds
do not relate to merits ... REASONS AND CASUAL APPROACH IN REJECTING THE
OBJECTION OF NOVATION/VARIATION OF CONTRACT
34) The third ground argued before me is about alleged
casual
extra work. Variation in quantities and payments for variation are contemplated in Clauses 38, 39, 40, 42 and 44.3 of the Contract. That in substance ... view that the contract as envisaged is a lump sum contract in the strictest possible sense in which variations and additional payments were absolute barred
specific terms of the contract. He submits that the arbitral tribunal
appointed under the principal contract while adjudicating the claims of
the petitioner against ... Volume-
VI) i.e. pertaining to "revision of rate, variation" of the contract work. He
submits that the learned arbitrator however, has awarded
contract and would
submit that the contract contained a PVC which permitted the
amount payable on account of the price variation to be settled
every ... Contract Labour (Regulation and Abolition) Act, 1970 . She
would submit that the contract awarded by Railways was a
long term contract, and the subject contract
accept this proposition without objection provided there has been any variation in the contract. He freely admitted that in order to effect any variation ... present case there has not really been any variation of the contract. The lower Courts, he says, have merely given effect to what really
contract between the plaintiffs and defendant No. 1 he was absolved from all liability in respect of the contract subsequent to the variation ... variation. But I feel quite clear that it is a variation in the terms of the original contract and certainly not an insignificant variation
they were not liable because there had been a substantial variation in the original contract between the plaintiff's and defendant No. 1 without ... paid to defendant No. 1 was in variation of the original contract and held the sureties discharged to that extent. He did not consider that
until
the completion of the contract; (ii) Clause 8.3 of the Special
Conditions of Contract provided that statutory variations in taxes and
duties such ... Conditions of Contract stipulates that the
contract price shall be inclusive of all taxes including service tax until
the completion of the contract :
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shall be attested by the Secretary.
11. In respect of variation in the contract, he relied upon 32 Bombay Law Reporter 832 Pandu Laxman Gawand ... initial sanction for the contract does not cover the subsequent variation in the contract. However, it is necessary to point out again that in this
General Conditions of Contract, forming part of the contract, inter alia, provided the following :
"6. CONTRACT SUM:
The contract sum shall not be adjusted ... Variations provisional and prime cost sum :
30.1 The Architect may issue instructions requiring a variation and he may sanction in writing any variation made
