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Jammu and Kashmir Court May 1994 Judgments

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May 06 1994

Ghulam Mohammad Dar Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

Decided on: May-06-1994

Reported in: AIR1995J& K92

ORDERAbdul Qadir Parray, J.1. The background and short re'sume' of the facts require to be put on record to appreciate the contentions raised in this petition.2. Way back in the year 1979, in response to the notice of inviting tenders issued under No. EE/500-BH/IV-34/102-37 dated 24-5-1979, the petitioner also tendered for construction of Radio Therapy, Mortuary, Workers facilities, Pump House and Guard Room for 500 Bed Hospital at Soura, Srinagar. The work seems to have been allotted in favour of the petitioner vide Chief Engineer, Project Organization, J. & K. Srinagar's order No. CEP/113 of 1979 dated 25-10-1979 issued vide endorsement No. CEP/3094-3102 dated 25-10-1979 at a contract of Rupees 32,05,787.15 and an agreement was accordingly drawn on 14-12-1979. Besides the conditions of contract, some additional conditions and stipulations seem to have been entered into by the parties, whereunder the Contractor/petitioner was to be given an advance of 10% of the contract value against...


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