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MESSRS WAHEED CORPORATION (REGD.) versus CAPITAL DEVELOPMENT AUTHORITY, ISLAMABAD


Section AA A Contract Act (72 of 1872 of IX), Section (h) Constitution of Pakistan (1973), Article 199 Claiming additional money for a constitutional application petition that requires the PRCC pipeline to be replaced with a dual cast iron pipe. A replacement agreement was obtained, he claimed that the contract was entered into between the parties, the customs duty was raised as well as the sales tax, it was the responsibility of the authority to collect the surplus. The petitioner had demanded payment of additional amount in respect of customs duty and sales tax, but the claim was denied. Depending on Section 64A of the Man Sales Act 1930, if the customs duty or sales tax rate was increased after the contract was signed, in the absence of a contract to the contrary, the buyer would be canceled. Because in the case of the applicant, Section A64 for Sale of Goods Act, the applicant did not apply as it was related to the sale of the contract. That the sale element was completely missing in the agreement between the parties, depending on the applicant Section 64A of the Goods of Sale of Goods Act, 1930, was not at all applicable to the applicant after contracting to carry out the work for a specified amount of money, could not turn over and claim additional money.

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