NEENA BANSAL KRISHNA
Times Trading Corporation Through its Sole Proprietor Mr. Saudahmad M. Malik Gala – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The present Appeal under Article 226 of The Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ hereinafter) has been filed by the Petitioners for directing Respondent No.1 & 2 to initiate action against the large scale corruption in the work of development of ITPO Complex. Pragati Maidan, New Delhi and for registration of FIR.
2. Briefly stated, for the purpose of renovation of the Hall of Pragati Maidan, the Work contract was awarded by Chairman-cum-Managing Director of Indian Trade Promotion Organisation, Pragati Maidan, New Delhi (hereinafter called as ‘ITPO’)/Respondent No.5, to National Building Construction Corporation (‘NBCC’)/Respondent No.6.
3. NBCC awarded the work to Respondent No.7/Shapoorji Pallonji & Co. Pvt. Ltd. for redevelopment of the ITPO Complex. The Respondent No.7 floated various Tenders for demolition of the existing structure on the Project site. The Work Contract for sale of Building Foundation Material (including the steel, plumbing, air conditioning and power units etc.) from Hall No.18 along with Admin Block and 2 Annexes, was awarded to BS Enterprises through Sh. Siddha
B.K. Enterprises v. State of Manipur (2021) 16 SCC 389
Bharat Petroleum Corpn. Ltd. v. Ramesh Chand Trivedi (2014) 16 SCC 799
Centre for Public Interest Litigation v. Union of India (2012) 3 SCC 1
Indian Oil Corp. vs. NEPC India Ltd. & Ors. (2006) 6 SCC 736
Ram & Shyam Co. vs. State of Haryana (1985) 3 SCC 267.
Sakiri Vasu vs. State of U.P. (2008) 2 SCC 409
Shiv Sagar Tiwari vs. Union of India (1996) 6 SCC 599
Skipper Beverages Pvt. Ltd. vs. State [2001 (59) DRJ 129]
State of Telangana v. Managipet Alias Mangipet Sarveshwar Reddy (2019) 19 SCC 87
Sudhir Bhaskar Rao Tambe vs. Hemant Yashwant Dhage (2016) 6 SCC 277
Yashwant Singh and Ors v. Central Bureau of Investigation (2020) 2 SCC 338
Writ jurisdiction under Article 226 cannot be invoked when alternate statutory remedies are available; allegations of corruption were deemed civil disputes.
In tender-related fraud cases, a conspiracy can be inferred from circumstantial evidence, allowing for charge framing even without direct evidence.
The main legal point established in the judgment is that conspiracy can be proven by circumstantial evidence, and the material on record must be evaluated to determine the existence of the ingredient....
Procedural violations in public procurement can constitute criminal misconduct under the Prevention of Corruption Act, highlighting the need for transparency and adherence to regulations in awarding ....
The main legal point established in the judgment is that the violation of financial rules, sham tender process, and evidence of conspiracy to favor a specific contractor constituted a prima facie cas....
The main legal point established is that the protection of S. 197, Cr. P. C. applies to public servants if the alleged offenses are related to the discharge of their official duties, necessitating sa....
The court ruled that anticipatory bail was justified due to insufficient grounds for custodial interrogation, highlighting the need for careful consideration of allegations and evidence in corruption....
Illegal gratification - FIR Quashed - Saving inherit powers of High Court - Power to quash criminal proceedings in exercise of jurisdiction under Section 482 Cr. P. C should be resorted to in rearest....
The main legal point established in the judgment is the requirement of a reasonable connection between the act and the official duty for the application of Section 197 of the Code of Criminal Procedu....
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