Mcdermott International Inc vs Burn Standard Co. Ltd. & Ors on 12 May, 2006
Equivalent
Appeal (civil) 1269 of 2006
PETITIONER:
Musaraf Hossain Khan
RESPONDENT:
Bhagheeratha Engg. Ltd. & Ors
DATE OF JUDGMENT: 24/02/2006
BENCH:
S.B. SINHA ... purpose of executing the said work the
company entered into an engineering contract with the National Highway
Authority of India.
In the writ petition
Germany & LCI
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S.No. Sochata-Sahara Contract Art II Technik LCI Contract PB II
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A. Repairs--Engineering Coordination-- Repairs of engines and components.
overall ... repairs including supply of parts, such a contract would be 'works contract' and not a contract for technical or consultancy services
worthwhile to mention some discussion made in HUDSONS Building and Engineering Contracts, 7th Edition,
which deals with commencement of the
work by the Public Authority
which the
contract has to be performed does not make the stipulation as to time the
essence of the contract. When a contract relates ... Halsbury's Laws of England in regard to building
and engineering contracts the statement of law is to be found in Vol. 4,
Para
before the contract. Specific performance of a contract will
ordinarily be granted, notwithstanding default in carrying out
the contract within the specified period, if having ... Halsbury’s Laws of England in
regard to building and engineering contracts the statement of
law is to be found in Vol. 4, para
standard terms and condition of the contract
provided that neither party to the contract shall claim compensation
"on account of delays or hindrances ... with
the view so taken.
In Hudson's Building and Engineering Contracts (11th Edition,
pp.1098-9) there is reference to 'no damage
before us that where in a works contract, the party entrusting the work commits breach of the contract, the contractor would be entitled to claim ... connection, the High Court referred to Hudson's Building and Engineering Contract (1970), tenth edition and observed that 'in major contracts subject
which the contract has to be performed does not make the stipulation as to time the essence of the contract. When a contract relates ... Halsbury's Laws of England in regard to building and engineering contracts the statement of law is to be found in Vol. 4, Para
have
any power to impose the tax in respect of "works contracts".
The said orders of assessment, therefore, must be set aside.
Chicago ... carries on business in iron, hardware,
electrical goods, timber, coir, engineering contracts etc.
In the course of its business, the Company acted as
engineering contractor