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october 1969

Supreme Court of India · 1969-10-28

GANNON DUNKERLEY & CO. LTD. vs UNION OF INDIA

Citation / case number
SC 1966/60016
Court
Supreme Court of India
Petitioner
GANNON DUNKERLEY & CO. LTD.
Respondent
UNION OF INDIA
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the appellant's claim for payment at an enhanced rate due to changed circumstances does not fall under Article 56 or Article 115 of the Limitation Act, 1908, as it is not a claim for the price of work done or for compensation for breach of contract. Instead, the claim is governed by Article 120, which allows a six-year limitation period commencing when the right to sue accrues. The Court restored the trial court's decree in favor of the appellant, rejecting the High Court's ruling on limitation.

GANNON DUNKERLEY & CO. LTD. vs UNION OF INDIA · Niyam