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september 2010

Supreme Court of India · 2010-09-08

Dharmarth Trust J&K Jammu & Ors vs Dinesh Chander Nanda

Citation / case number
2010 AIR SCW 6128
Court
Supreme Court of India
Petitioner
Dharmarth Trust J&K Jammu & Ors
Respondent
Dinesh Chander Nanda
Author
P. Sathasivam
Bench
Anil R. Dave, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the suit filed by the respondent-Architect is governed by Article 119 of the Jammu & Kashmir Limitation Act, 1995, which allows a limitation period of six years for claims related to professional services. The Court clarified that the nature of the services provided by the respondent constituted professional consultancy, and thus, the remuneration was categorized as a 'fee' rather than a 'price' for 'work done' under Article 56. The Court upheld the High Court's dismissal of the Trust's revision petition, affirming the trial court's decision regarding the maintainability of the suit.

Dharmarth Trust J&K Jammu & Ors vs Dinesh Chander Nanda · Niyam