AI Overview...
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Measurement Book Not Necessary - The court held that original contract documents and measurement books are not always essential for resolving disputes, especially when there is no disagreement regarding the measurement of work itself, but rather the responsibility of parties. The relevance of measurement books from other contractors is also limited. Harish Gaurav Alias VS Additional District and Sessions Judge Tonk - Rajasthan
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Measurement Entries and Final Bills - Entries in measurement books are crucial as they form the basis for final bills, and detailed measurements certified by engineers are considered valid. However, discrepancies such as shrinkage or errors can impact the final calculations. Jullundur Improvement Trust, Jullundur VS Kuldip Singh - Punjab and Haryana
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Legal Relevance of Measurement Books - Measurement books, whether official or study copies, serve as important documents in legal proceedings. Nonetheless, their status as official records can be contested, and their admissibility depends on their authenticity and purpose. E. Rajarathinam VS State - Kerala
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Measurement Book in Offences and Agreements - In cases involving forged or false documents, measurement books can be part of evidence indicating agreement or intent. The form and official status of such books are significant, but non-official copies may be used for study or reference. E. Rajarathinam VS State - Kerala
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Need for Fresh Consideration Based on Measurement Book - When disputes arise over measurements or work completion, courts may order re-evaluation or fresh consideration, emphasizing the importance of accurate measurement records like measurement books. State of Assam VS Marino Dredg Co. (P) Ltd. - Gauhati
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Contemporary Evidence and Measurement Books - In situations where final measurements are uncertain, contemporaneous evidence and measurement books prepared during execution are vital. However, joint survey reports are not always deemed conclusive measurements. Union of India VS Puna Hinda - Supreme Court
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Recording Additional Work in Measurement Books - Proper entries of additional work in measurement books are essential for justifying claims and payments. Courts scrutinize whether measurements reflect actual work carried out, affecting entitlement. GOVERNMENT OF GUJARAT VS R. L. KALATHIA and COMPANY - Gujarat
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Measurement Book Maintenance and Finalization - Accurate and timely entries in measurement books are critical for tender finalization and work completion verification. Courts may direct measurements to be taken if discrepancies are identified. State of Kerala VS M. K. Jose - Supreme Court
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Role of Measurement Books in Departmental Records - Measurement books maintained by departments serve as official records, but their possession by contractors is not always necessary for claims, provided the department's records are reliable. K. C. Skaria VS Govt. of State Of Kerala - Supreme Court
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Survey and Measurement Disputes - Disputes regarding survey and measurement levels often involve questions about notification and participation. Courts may issue mandamus to ensure proper measurement procedures are followed, emphasizing the importance of accurate measurement documentation. BGR Mining & Infra Private Limited VS Singareni Collieries Company Limited - Andhra Pradesh
Analysis and Conclusion:
While measurement books are vital in construction and contractual disputes, their necessity depends on the context. Courts recognize that in some cases, they are not strictly required if other evidence suffices, especially when measurements are not contested. However, accurate, certified measurement records remain fundamental for fair resolution, billing, and legal proceedings. The emphasis is on the authenticity, timely maintenance, and proper certification of measurement books to serve as reliable evidence.
Search Results for "Measurement Book Not Necessary Purpose"
2006 0 Supreme(Raj) 889 • India - Rajasthan
PREM SHANKAR ASOPA
Ratio Decidendi: The court held that the summoned documents were not necessary for deciding the present case as there was ... no dispute regarding the measurement of work and only the responsibility of the parties needed determination. ... The petitioner applied to summon original contract documents and measurement books, but the trial court rejected the application. ... Otherwise also the measurement book of the other contractor is not relevant and necessa....
1983 0 Supreme(P&H) 393 • India - Punjab and Haryana
J.V.GUPTA
it was duly entered in the measurement book and on the basis of which the final bill was prepared. ... it was duly entered in the measurement book and on the basis of which the final bill was prepared. ... On account of shrinkage and that this deduction, could not be made under the P. W. ... D.4, and in any case on 7-10-1967, when it was certified on Exhibit D.19, by the Engineer in charge Mohinder Singh, D.W., that the necessary detailed measurements had been taken a....
2024 Supreme(Online)(MAD) 40945 • India - High Court of Madras
P.VELMURUGAN, J
They argued that the Thangal was man-made and not used for public purposes, while the respondents maintained it was a vital water ... Thangal, a water body, based on the Village Map - Petitioners claimed exclusive rights over the land, arguing it was man-made and not ... used for public purposes - The court found that the Thangal is indeed a water body, supported by historical records and the Village ... In such circumstances, considering the facts that the said Thangal was not reflected in the Field #H....
2004 0 Supreme(Ker) 189 • India - Kerala
K.A.ABDUL GAFOOR
given those documents to the first accused - Necessarily, there is meeting of the minds by both these accused for a particular purpose ... thereby resulting in an agreement to constitute an offence under S.120 B for creating false documents for an illegal purpose - Therefore ... Ext.P3 is the measurement book. It is in a particular form as the Government has prescribed. But it is certain, as spoken to by PW.5, that it is not an officially printed one, but used for study purpose. ... Ex....
2009 0 Supreme(Gau) 268 • India - Gauhati
RANJAN GOGOI, BIPLAB KUMAR SHARMA
Money Suit - Execution of dredging work - APWD Code Rule 376 - Correction in Measurement Book - Fresh consideration ordered/p ... , final bill, release of bank guarantee and earnest money, tampering of measurement book, and entitlement of the plaintiff to the ... Ratio Decidendi: The court found that the matter needs fresh consideration, taking into account the relevant Measurement Book ... The said Measurement Book bearing No. 2142 on which the bil....
2021 6 Supreme 201 • India - Supreme Court
HEMANT GUPTA, A.S.BOPANNA
could not be ascertained – If final measurements could not be done at spot, contemporary evidence and measurement books prepared ... Report prepared after the completion of work wherein no such work done is reflected in the measurement book prepared during execution ... Findings of Court: Joint Survey Report is not an admitted measurement, though some officers ... The Joint Survey Report is not an admitted measurement#HL_....
2002 0 Supreme(Guj) 755 • India - Gujarat
H.K.RATHOD, K.R.VYAS
Meaning thereby, at the time of recording of the measurements in the Measurement Book, whatever additional work carried out by the ... The plaintiff was not able to justify before the trial court that as per the tender agreement, the plaintiff is entitled to have ... has been received by the plaintiff from the defendant and then the plaintiff can claim the remaining amount but these facts have not ... against recording of such measurements in the measurement #HL_START....
2015 6 Supreme 193 • India - Supreme Court
of the work to be completed effecting necessary entries in the measurement book before finalization of the tender proceedings, if ... work already completed by him and making corresponding entries in the measurement book. ... The learned Single Judge noted the facts and took note of prayer for directing the respondents to take steps for measurement of the ... The said prayer was acceded to by the counsel for the State of Kerala and accordingly the learned Single Judge directed #HL_STAR....
2006 1 Supreme 199 • India - Supreme Court
to the measurement book maintained by the Department. ... recorded in the Measurement Book maintained by the Department. ... Therefore, either the fact that the measurement book is maintained by the employer, or the fact that the contractor does not possess ... It held that as per the measurements contained in the Measurement Book (Ex. ... It is also not in dispute that while the appellant as the ....
2011 0 Supreme(AP) 1077 • India - Andhra Pradesh
VILAS V.AFZULPURKAR
, the respondents insist that they have notified the petitioner for the survey for the aforesaid purpose but he never participated ... inviting the impugned tenders is illegal, void and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India – It is also necessary ... inclined to grant Mandamus prayed for – There is some controversy with regard to the final measurement/levels where the petitioner ... While the petitioner insists that final measurements/levels have not been taken, the resp....
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