Many Government Contractors face this problem. While releasing last Bill, the government often insist on a No Claim Due Certificate from contractor.

To get payment of last bill, the contractors often sign such certificates.

Thereafter if contractor goes to Court, the Government shows ‘No Due Certificate’ signed by Contractor.

The Court dismisses case of Contractor saying that, since the contractor has already signed a “No Due No Claim Certificate”, his case is not maintainable.

Supreme Court took notice of this general practice and said that, even if No Claim Certificate is issued, if contractor is able to establish his claim by oral and documentary evidence, his claim should be considered.

Case of R.L. Kalathia & Co V/s Gujarat 2011 (1) SCALE 441

Haresh Raichura

16/6/12

The victim was a poor man named Bassapa Kuri.

First, allegedly president of District Panchayat, tied Bassapa on telephone pole in front of his house and was beaten up.

When, Bassapa went to complain to police station, he was taken in custody by police where he died.

Relatives filed complaint.

District Administration announce Rs 1 Lakh.

Relatives went to High Court. High Court ordered 3 Lakh more in addition to 1 Lakh.

Supreme Court directed that Total Rs.10 Lakh be paid to relatives of deceased.

Dy. Commr of Dharwad V/s. Shivakka

2011 SCALE (2) 422

The legal battle consumed 9 years for relatives of deceased.

The questions which comes to my mind (1) What about interest for 9 years delay?
(2) What is the price of life of a poor man?

Haresh Raichura

16/6/2012