Damages in Construction Contracts: Legal Issues Surrounding Use of Standard Formulae
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 22
compensation
‘Heart breaking, nerve cracking incident’: Rajasthan HC grants Rs. 4 lakh compensation to a woman who gave birth to twins in middle of the road
“There can be no second opinion that preservation of human life is of paramount consideration. This is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man.”
SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’
“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”
‘Pay additional Rs 20 lakhs compensation to families of people who died due to manual scavenging’; Delhi HC directs Union of India
“When a person approaches the court and gets a declaration of law in his favour, it is expected that the State shall extend the same benefit to all the similarly situated persons without forcing those persons to approach the court of law.”
Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC
“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”
Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction
Calcutta High Court noted that the previous judgments and record of rights post-vesting supports petitioners’ claim for compensation.
Know why Karnataka High Court held a pillion rider liable for contributory negligence towards her accident
The High Court also held that the claimant is entitled to only 80% of the total compensation amount determined and is also not entitled for compensation towards loss of future earnings due to disability.
‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-
The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.
DCDRC directs Air India to compensate flyer for re-routing his Jodhpur bound flight without any prior information
The complainant had booked a flight from Chennai to Jodhpur via Mumbai; however, his flight from Chennai to Mumbai was re-routed via Hyderabad without any prior information from the airlines.
Child victim had to suffer untold miseries; Himachal Pradesh HC grants compensation to minor rape victim after hospital asks demeaning questions, conducts two-finger test
“The torment on the victim has the potentiality to corrode the poise and equanimity of any civilized society. It has been rightly said that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female.”
Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court
“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”
Provisions of Maternity Benefit Act, 1961 must be enforced strictly; Himachal Pradesh HC directs to pay compensation to employee terminated during her pregnancy
“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Right to property| Calcutta High Court directs payment of compensation under Article 300A despite substantial delay
Calcutta High Court held that the Municipality’s possession without proper acquisition procedures is deemed illegal, and the State is directed to initiate proceedings and pay compensation.
Insurance Company acts as indemnifier and has no contractual/other relationship with transferee of offending vehicle: Delhi High Court
“The registered owner cannot absolve himself of the liability by contending that he has transferred the offending vehicle to a third person prior to the date of the accident.”
Calcutta High Court sets aside medical negligence charges on finding ‘palpable wrongs in the adjudication process’
The Calcutta High Court observed that the benchmark for determining negligence in professional cases is the ‘reasonable standard’, fixed by the law of averages.
‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process
Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.
Delhi High Court directs compensation to wife of deceased based on Good Samaritan principle
The Good Samaritan law states that a person who chooses to take steps to aid a person a distress should not be harassed for showing kindness and if in the process the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue.
No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises
“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”
Whether writ proceedings are maintainable against oil companies for eviction and compensation in view of BPCL case? Supreme Court to decide
“The Single judge directed IOCL to deliver peaceful vacant possession of the premises to the appellants upon removal of the structures therein. Further, directed it to pay arrears of market rent to the appellants in respect of the plot from 1-07-1995 till the date of delivery of possession in favour of the appellants”