Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure defaults and breach of contract--Trial court decreed the suit-But High Court dismissed the suit in entirety holding that a suit by an independent contractor for rendition of accounts by the employer was not maintainable-Correctness of-Held: A suit for rendition of accounts can be maintained only if a person suing has a right to receive an account from the defendant- -Independent contractor is neither an agent of the employer nor the claim for rendition of accounts supported by equity-Right for rendition of accounts is also not recognized or created b_v any statute in favour of the independent contractor-Hence suit for rendition of accounts not maintainable-However S. 35--Contract Act he cannot be non-suited--Trial court "s decree for Rs. 2 lacs with interest of Rs. 1 1959 1872 000 thereon restl.8ed-Kera/a Court Fees and Suits Valuation Act S. 213. 1908: Order 20 Rule 16-Suit for rendition of accounts between principal and agent-Decree in-Contractor and State entered into a contract for construction work--Contractor filed suit claiming Rs. 2 lacs with interest thereon alleging that the State committed delays merely the independent contractor also chose to seek accounts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2006 INSC 17 |
Petitioner | K.c. Skaria |
Respondent | The Govt. Of State Of Kerala And Anr. |
SCR | [2006] 1 S.C.R. 274 |
Judgement Date | 2006-01-10 |
Case Number | 6885-6886 |
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