Cases Citing Section 5

come under the purview of superstructure, as mentioned in Section 2(k) of the Act, 2008. 12. The Hon’ble Apex Court in the case of M/s Brahmaputra Infrastructure Ltd. (supra), after referring Sections 8, 9 and 22 of the Act 2008 has held in paragraph-5 of the said...

08.10.2013 as well as for payment of 5% of total amount, which was to be paid at the juncture of approval of clay model submitted by the petitioner, as per clause 5(ii) of the Agreement. The said writ application was dismissed and the petitioner then filed LPA No. 494 of 2014, which was disposed of...

a sand stone statue of Lord Budha having 70 ft height in Bhumi Sparsh posture, on the platform of a height of 30 ft. The learned counsel submitted that as per the Agreement, 30 ft high platform was to be constructed first and thereon the statue of Lord Budha was to be installed. As such, ...

which was to be based on a platform of 30 ft height. As such, the work performed by the petitioner in pursuance of the contract comes under the definition of ‘work contract’ defined in Section 2(k) of the Act 2008. Therefore, the Arbitration Tribunal has jurisdiction over the disput...

the Bihar State Tourism Development Corporation (Annexure-5). Thereafter, an agreement was entered into between the parties on 29 th August, 2013. The consideration money was fixed as Rs.17.37 crores, Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 3/10 as per Clause 5 of the agreement. The ...

FACTS: Petitioner's passport was impounded without giving reasons. Held: Article 21 procedure must be 'just, fair, and reasonable', not arbitrary or oppressive. Ratio: Expanded Article 21 scope, introducing substantive due process principles into Indian jurisprudence....

available. It is apt and proper to refer the judgment rendered by this Court in the case of Parvati Devi @ Parvati Singh Vs. The State of Bihar and Ors., reported in 2024 (1) BLJ 178 held as follows: Patna High Court CWJC No.426 of 2022 dt.26-11-2024 6/8 “5. This Court would also refer ...

2(k) of the Act, 2008. 12. The Hon’ble Apex Court in the case of M/s Brahmaputra Infrastructure Ltd. (supra), after referring Sections 8, 9 and 22 of the Act 2008 has held in paragraph-5 of the said Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 9/10 decision that in the absence of an agree...

but a ‘superstructure’ erected/installed on the platform of 30 ft height and the statue encompasses the word ‘superstructure’ mentioned in Section 2(k) of the Act 2008. The learned counsel next Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 5/10 submitted that, as per Clause 5(ii) of the Ag...

FACTS: Anticipatory bail application in a Section 498A IPC cruelty case. Held: Arrest should not be the default action in offences carrying punishment of less than 7 years. Ratio: Police must comply with Section 41A CrPC (now Section 35 BNSS) notice guidelines before executing arrest....