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J. K. MAHESHWARI, K. V. VISWANATHAN
Om Gurusai Construction Company – Appellant
Versus
V. N. Reddy – Respondent
JUDGMENT :
K.V. VISWANATHAN, J.
1. Leave granted.
2. This case brings back to memory the classic words of Justice M. Hidayatullah (as the learned Chief Justice then was) in Mahanth Ram Das vs. Ganga Das, (1961) 3 SCR 763. Though it was in the context of the Code of Civil Procedure, dealing with the powers of a Civil Court, the following passage does repay study for the present facts too:
“......Such procedural orders, though peremptory (conditional decrees apart) are, in essence, in terrorem, so that dilatory litigants might put themselves in order and avoid delay. They do not, however, completely e-stop a Court from taking note of events and circumstances which happen within the time fixed. For example, it cannot be said that, if the appellant had started with the full money ordered to be paid and came well in time but was set upon and robbed by thieves on the day previous, he could not ask for extension of time, or that the Court was powerless to extend it. Such orders are not like the law of the Medes and the Persians.....”
(Emphasis supplied)
3. The question which arises for consideration in this case is, on the facts herein, are we to construe Clause 2.22.0 (ix) of the tender cond
(1) Constitutional courts must defer appreciation of tender documents by employer unless there is mala fide or perversity in understanding or appreciation.(2) Tendering authority cannot be expected t....
The court emphasized the importance of strict compliance with tender conditions and the exercise of judicial review in contractual matters, particularly when public interest is involved.
The main legal point established in the judgment is the importance of adhering to the terms and conditions of the tender notice in commercial transactions, and the court's interpretation of the Gener....
The main legal point established in the judgment is the validity of the Bank Guarantee submitted by the petitioner and the application of principles of natural justice by the respondents.
A contract can be frustrated by an event that makes it impossible for the parties to perform their obligations under the contract.
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