Skyline Engg. Contracts India Pvt. ... vs Commissioner Trade Tax U.P. Lucnow on 22 July, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH ... TRADE TAX REVISION No. - 2385 of 2007
Revisionist :- M/S Skyline Engg. Contracts India Pvt. Ltd.
Opposite Party :- Commissioner Trade Tax U.P. Lucnow
Counsel
Skyline Engineering Contracts (I) Pvt. ... vs Centex International Pvt. Ltd. on 1 March, 2019
Bench: Rohinton Fali Nariman , Vineet Saran
ITEM NO.15 COURT ... passed by the High Court Of Delhi At New
Delhi)
SKYLINE ENGINEERING CONTRACTS (I) PVT. LTD. Petitioner(s)
VERSUS
CENTEX INTERNATIONAL PVT. LTD. Respondent
this behalf.
(a) Hudson Formula: In Hudson's Building and Engineering
Contracts, Hudson Formula is stated in the following terms:
'Contract head office ... this behalf.
(a) Hudson Formula: In Hudson's Building and Engineering
Contracts, Hudson Formula is stated in the following terms:
'Contract head office
term 'defect' with respect to building and engineering
contracts, the Court referred to a book titled
G.T. Gajria ... Relating to Building and Engineering
Contracts in India", a Butterworths Publication, New
Delhi, Fourth Edition. This Book was placed for reference
by the learned
District-Patna presently working as
Guest Assistant Professor/Lecturer on contract in Saharsa Engineering
College, Saharsa, Bihar.
3. Raushan Kumar Son of Sri Rajendra Prasad ... District-Delhi
presently working as Guest Assistant Professor/Lecturer on contract in
Saharsa Engineering College, Saharsa, Bihar.
5. Srideo Kumar Son of Sudama Pandit Resident
District-Patna presently working as
Guest Assistant Professor/Lecturer on contract in Saharsa Engineering
College, Saharsa, Bihar.
3. Raushan Kumar Son of Sri Rajendra Prasad ... District-Delhi
presently working as Guest Assistant Professor/Lecturer on contract in
Saharsa Engineering College, Saharsa, Bihar.
5. Srideo Kumar Son of Sudama Pandit Resident
contracted to
discharge it and had broken his
contract".
"74. Compensation for breach of
contract where penalty stipulated
for - When a contract ... reliance on page 1054 of "P C
Markanda Building & Engineering Contracts"
AS.70/2013
48
[Law and Practice, Fifth Edition
that the said company had a sub
contract agreement and the work as per the sub contract agreement
was found completed. ln such circumstances ... other companies on sub contract basis. 95% of the work was given
on sub contract to outsiders. If such sub contract payments were
into four agreements i.e. (i) Equipment and
material supply Contract, and (ii) Engineering, Installation and
Commissioning Contract (1-2-2012) with Juwi India ... were inter-connected; also,
clauses in the Equipment and Material Supply Contract, Engineering,
Installation and Commissioning Contract indicated that the agreement
was entered into
legitimately bear."
23
(See Hudson's Building and Engineering Contracts, Atkin
Chambers, 13th Edition; Lewson on The Interpretation of Contracts,
6th Edition)
Jack ... course of
business, the plaintiff was awarded a contract for, design,
engineering supply erection and commission of the Dankuni Coal
Complex by Coal India
