Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Construction contract |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Construction contract - Claim for additional work carried out - Refused on the ground that the claim was laid after receiving final payment -Held : If there is accepted claim, the court cannot reject the same merely because the contractor has issued "No Due Certificate" - Principles as regards claims after acceptance· of final bill, enumerated - In the instant case, the contractor accepted the amount of the final bill under protest - The contractor had performed additional work and had a genuine claim which was considered in detail and was rightly allowed by trial court - High Court without adverting to factual details e"ed in reversing the judgement and decree of trial court on the ground of estoppel - Instead of remitting the matter to High Court, claim examined on merits - Judgement of High Court set aside and judgement and decree of trial court restored - Estoppel. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 47 |
Petitioner | R.l. Kalathia & Co. |
Respondent | State Of Gujarat |
SCR | [2011] 1 S.C.R. 391 |
Judgement Date | 2011-01-14 |
Case Number | 3245 |
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