submerged the
worksite and vast adjacent areas causing extensive damage to the works already
executed by the claimant, causing damage to the machinery and equipments ... loss
and damage on account of works re-executed by the claimant due to flood during
July
Form No.2911(II) inter alia specifies that if any damage happens to the work
while in progress due to any cause or any imperfection ... part of it is
being executed, or if any damage shall happen to the work while in progress,
from any cause whatever or any imperfections
relaying the reinforcement
after completion of the connected electrical works. The petitioner had clarified
that damage cost if payable will be settled considering several factors ... casting was delayed
and claimant had to incur damage. The arbitrator considered the evidence
produced regarding damage to the shuttering materials, clearing the refugees
generated
relaying the reinforcement
after completion of the connected electrical works. The petitioner had clarified
that damage cost if payable will be settled considering several factors ... casting was delayed
and claimant had to incur damage. The arbitrator considered the evidence
produced regarding damage to the shuttering materials, clearing the refugees
generated
Payment of Gratuity Act
and in the Working Journalists Act. Under the Working
Journalists Act gratuity can be denied if the service is
terminated ... covered by that Act and is not limited to working journalists.
Hence, the Working Journalists Act is a special law, whereas
the Payment of Gratuity
using the
alleged artistic works as a trade mark but as a Design. The alleged artistic works
neither distinguish nor are capable of distinguishing ... show that the alleged artistic works have acquired goodwill or reputation in India
leave alone that the alleged artistic works have acquired secondary meaning
connoting
employer of the respondent did not impose any
liquidated damage for the execution of the work in the extended period and
allowed escalation charges ... left the site, the entire work was executed
and for which there has been considerable delay. The damage suffered by the
petitioner cannot be accurately
basement work.
vii) D.G.Building.
viii) Paving and trenches in boiler feed Pump area.
2. But while proceeding with such works, the
respondent ... entitled to impose any
penalty or charge on damage against the petitioner
for non-executing the work and such work if it is
done
respondent for doing any extra or
supplementary work in relation to the original work.
(v) Clause 7 of Additional Terms and Conditions provides ... State from their liability to pay damage due to their
fault in delaying the process of work. In the former case the Hon‟ble
Division
petitioner shall
not be held to be liable for any damage, repair and maintenance work between stretch
