Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | documentary evidence Execution of Work Contract Cross appeals |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract - Execution of Work Contract - Suit by contractor making a claim for Rs. 30 lakhs for the work already completed, for extra work, stocking of materials etc. — Trial Court decreed the suit and directed the defendant to pay Rs. 3,23,000/- to the plaintiff with 12% per annum interest — Cross appeals — High Court set aside the decree — On appeal, held: Findings of trial court need not be interfered with by the appellate court unless they are erroneous or reached ignoring the evidence on record — In the present case findings of trial court and the amount awarded was based on evidence and material on record — The High Court, without considering oral or documentary evidence erroneously interfered with the factual findings of trial court — In view of the facts of the case, rate of interest is reduced to 6% per annum. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 70 |
Petitioner | Venkatesh Construction Compnay |
Respondent | Karnataka Vidyuth Karkhane Limited (kavika) |
SCR | [2016] 1 S.C.R. 511 |
Judgement Date | 2016-01-20 |
Case Number | 461-462 |
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