CLAIM N0.6:
CONTRACTOR CLAIMS ON ACCOUNT OF BANK
CHARGES, INSURANCE CHARGES, TESTING
CHARGES & OTHER CHARGES IN VARIOUS SUB
HEADS PAID ... provide the sample for testing. However, on several
occasions, the claimant has claimed that although the testing
charges were paid by the claimant, amounting
Claimant has considered transportation charges
from vesting yard to sire, testing charges @2% and liner
driving cost which the respondent did not consider. As
regards ... transportation charges, I have no hesitation to
consider the transportation charges to shift the permanent
liner after fabrication at casting yard to site
under: i) that
the private labs duly certified by NABL to conduct testing of
construction materials for DDA and other agencies In
Delhi ... will collect samples from the site at their own
cost.
ii)Testing charges shall be borne by contractors as per rates
fixed
test and the respondent failed to quote unit rate for these type tests under
the column titled "Charges for one type/rating ... NTPC and
actual NGL, Claim No. 3 was regarding additional charges incurred on
test conducted on two typical GIS bay module and Claim
laid down
the following test for framing of charges:
"30. In Antulay case [ R.S. Nayak v. A.R. Antulay ... having analysed the object as well as the test for framing of
charges, it is pertinent to refer to the scope of revision as exercisable
laid down
the following test for framing of charges:
CRL. M.C. 3118/2012 Page 26 of 80
Signature Not Verified
Digitally Signed
By:DAMINI ... court is required to consider the question
of framing of charge, the test of ‗prima facie' case has
to be applied. According to Shri
basis of suspicion
the charges may be framed. It is submitted that veracity of the witnesses
can be tested during trial only ... this Court
for the above said charges."
37. The aforesaid impugned order may also be tested on the basis of
law laid down
record, upon consideration of which the learned Judge may frame the
charges against the accused.
40. The Hon'ble Supreme Court in the matter ... laid down its observations
by way of the following test for framing of charge:-
"30. In Antulay case [ R.S. Nayak
material on record, prima facie there is sufficient material to
frame the charges for the offences ... offence.
15. It is trite law that the test for framing charges is whether the material
placed on record, taken at its face value, discloses
against the petitioners for offence punishable under Section 325 IPC, therefore, charges under the said section may not be framed against the petitioners.
The Court ... framing of charges against the petitioners under Section 325 IPC.
It has further been argued by learned AGA that the actual test or proper appreciation
