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BIREN VAISHNAV, NISHA M. THAKORE
State Of Gujarat – Appellant
Versus
Associated Business Corp. – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Both these appeals are filed under Section 96 of the Code of Civil Procedure. On being aggrieved by the judgement and decree dated 29.10.1996 passed by the 4th Joint Civil Judge (SD), Godhra, in Special Civil Suit No.54 of 1988, First Appeal No.1170 of 1997 has been filed by the State insofar as, the suit of the plaintiff (respondent in the appeal) has been partly allowed. First Appeal No.1606 of 1997 has been filed by the original plaintiff insofar as some of the claims were disallowed and though the decree prayed for was of Rs.44,01,542/-, the Trial Court awarded a decree of Rs.14,86,414/-.
2. Facts in brief are as under:
A fundamental breach of contract occurs when one party fails to perform essential obligations, justifying claims for damages by the aggrieved party.
Point of law: When the appeal is presented in terms of Section 96 CPC and when this Court is considering this appeal not only as a last Court of fact but also in terms of law, it is open for the appe....
Contractors cannot claim damages for delays caused by their own inaction or failure to meet contractual obligations, even if land acquisition delays occur.
The court affirmed that a contractor's claims for delays caused by defendants were valid, and it has the discretion to adjust interest rates based on economic conditions.
Civil Courts have jurisdiction to hear claims under construction contracts barred from arbitration, provided they arise within the limitation period set by specific contract conditions.
The court upheld the trial court's dismissal of the plaintiffs' suit for damages due to insufficient evidence and the contractor's failure to complete the work as per the contract.
The judgment clarified the jurisdiction of the Civil Court, the application of the Limitation Act, and the entitlement of the plaintiff to claim losses incurred due to non-cooperation from the defend....
The court established that an Employer's failure to fulfill contractual obligations can invalidate penalties imposed on a contractor for delays, emphasizing fairness in administrative decisions.
A contractor is entitled to recover damages for loss of profit when delays are caused by the other party's breach of contract, and penalties cannot be imposed on the contractor under such circumstanc....
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