Cases Citing Section 49

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...

the issue will be resolved by the Managing Director, Bihar State Tourism Development Corporation, Ltd. amicably. However, in case of any deadlock, Secretary Tourism Govt. of Bihar will be the sole Patna High Court C.R. No.12 of 2021(11) dt.12-01-2024 6/10 arbitrator.” 6. The learned counsel ...

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 letter sent by him is still with the Managing Director, Bihar State Tourism Development Corporation, who is Arbitrator, as per paragraph- 22 of the Agreement, which is extracted hereinbelow:- “22. In case of any difference of opinion in any item of work the issue will be resolved by the Man...

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 ...

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, ...

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...

P.N. Shahi, Sr. Advocate Mr.Avinash Kumar Singh, Advocate For the Respondent/s: Mr. Abbas Haider, SC-6 Mr. Wasi Mohammad, AC to SC-6 For the Corporation : Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY...

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...

parties ====================================================== Appearance : For the Petitioner/s: Mr. S.D.Sanjay,Sr. Advodate Mr. Mohit Agarwal Mr. Rahul Kumar Mr.Vishal Kumar Ms. Priya Gupta For the State Mr. Nalin Vilochan Tiwary, AC to GA 9 For BSTDCL Mr. Kumar A...