Cases Citing Section 89

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....

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...

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 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, ...

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...

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 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 ...

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...

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...