Topic
Kerala High Court holds that work contracts executed after the GST rollout (1.7.2017) cannot be subjected to both Kerala Value Added Tax (KVAT) and GST, preventing double taxation. The ruling mandates re-examination of disputed bill calculations for government contractors, ensuring compliance with the single-tax regime under GST.
The Bombay High Court has mandated that state departments must release undisputed running bills to contractors within two weeks, or face judicial consequences. This ruling reinforces contractual fairness in public infrastructure projects and protects contractors from financial collapse due to administrative delay, directly safeguarding public interest and project continuity.
Andhra Pradesh High Court rules that indefinite withholding of finalized public contract payments (Rs. 12.79 lakh) under the guise of a vigilance enquiry is arbitrary and violates Articles 14, 19, and 300-A of the Constitution. The court directed payment within 13 weeks upon submission of a security bond, reinforcing contractors' rights against administrative delays.
The Andhra Pradesh High Court ordered the immediate release of eight-year-old Earnest Money Deposit and Final Security Deposit withheld from a deceased contractor's widow, ruling that financial constraints of public bodies cannot override the fiduciary duty to return trust funds. This sets a critical precedent for families of deceased contractors facing unjustified delays in refund recovery.
Allahabad HC rules that reviving a debarment order after it was judicially set aside amounts to legal mala fide and colourable exercise of power, violating principles of natural justice. The court held that prolonged injustice cannot be remedied by remand, setting a precedent for contractor rights in administrative law.