Judgments - Tenders
Shrishti Infrastructure Development Corporation Limited Vs. The State of Madhya Pradesh and others
Law laid down:- 1. Scope of jurisdiction of the High Court in the matter of award of contracts by the Government and its instrumentalities - Held - evaluation of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters. If the decision relating to award of contract is bona fide and is in public interest, the courts will not interfere by exercising power of judicial review even if Full Judgment
Piyush Kumar Sheth Vs. State of Madhya Pradesh & Others
Law laid down - 1. Government contract/tender - Notice inviting tender (NIT)-- Cancellation of – Judicial review – Judicial review is limited to see whether order/action is arbitrary, capricious, malafide or hits wednesbury principle – The element of public interest is also relevant which needs to be looked into. 2. Single tender - CVC guidelines – In the light of CVC guideline, it cannot be said that the decision to cancel the single tender is either arbitrary or unreasonable or actuated with malafide. Full Judgment
M/S EXCEL SPORTS INTERNATIONAL VERSUS NORTH DELHI MUNICIPAL CORPORATION & ANR
DHIRENDER KUMAR SINGH VERSUS SOUTH DELHI MUNICIPAL CORPORATION
M/S INSTAPOWER LTD. VERSUS AIRPORTS AUTHORITY OF INDIA
M/S SQUIRREL DESIGN HOUSE VERSUS NATIONAL FERTILIZERS LIMITED AND ORS
M/S AYUSH SERVICES AND CONSULTANCY VERSUS DELHI METRO RAIL CORPORATION LTD. (DMRC)
SUSHIL KUMAR SINGH VERSUS NORTH DELHI MUNICIPAL CORPORATION
M/s Ram Gopal Somani Versus Bilaspur Smart City Limited
Health Care Medical Devices Pvt. Ltd. Vs. MP Public Health Services Corp. Ltd., & Anr
Law laid down - Blacklisting and debarment-it has drastic impact on the contractor - Thus, such a drastic action can be taken by following “due process”. Issuance of a notice by which contractor can gather the nature of allegations and intended action to be taken is must. The order of blacklisting/debarment cannot be passed unless such an action is proposed in the show cause notice or it can be clearly inferred by reading of notice that such an action was proposed. The Full Judgment
Krsnaa Diagnostics Pvt. Ltd. Vs. State of Madhya Pradesh & Ors.
Law laid down - Article 226 of the Constitution and Clause-17 of NIT - contractual matters – Notice inviting tender – Cancellation of NIT based on the relevant Clause permitting the Department to cancel the NIT without assigning reason is not beyond the scope of judicial review. Judicial review – In contractual matters also the Court can examine following factors:- (i) Whether decision making authority has exceeded its authority? (ii) Whether he committed any error of law? (iii) Whether rules of natural justice Full Judgment