Back
KALYAN RAI SURANA
SANGAM (INDIA) LTD. – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. D. Das, learned Senior Counsel, assisted by Mr. K. Mohammed, learned counsel for the petitioner. Also heard Mr. D. Mozumdar, learned Addl. Advocate General, assisted by Mr. K. Goswami, learned Addl. Senior Govt. Advocate for the State respondent nos. 1 to 3 and Mr. B.D. Deka, learned counsel for respondent no. 4.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed (a) to set aside and quash the NIT no. DSW(ICDS) G/96/2021/19 dated 09.08.2021; (b) to direct the state respondents to forthwith cancel/ recall/ rescind and/or otherwise forebear from giving effect to the said NIT; (c) to set aside and quash point no. 1(8) of Section 1A of the said NIT; (d) to direct the state respondents to forthwith cancel/ recall/ rescind and/or otherwise forebear from giving effect to point no. 1(8) of Section 1-A of the said NIT; (e) to set aside and quash the corrigendum no. DSW(ICDS) G/96/2021/49 dated 10.08.2021; (f) for issuing mandamus not to disqualify the petitioner in terms of point no. 1(8) of Section 1A of the said NIT; (g) for a writ, direction or order to the respondent authorities so as to pr
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
Judicial review of tender criteria is limited to instances of proven arbitrariness or discrimination; valid justifications for increased financial thresholds can be upheld to promote efficiency and e....
The court upheld the validity of the tendering authority's criteria, emphasizing that terms are not subject to judicial review unless proven arbitrary or unreasonable.
Eligibility criteria in public tenders can restrict competition based on objective assessments of capacity, and courts should defer to tendering authorities unless conditions are arbitrary or detrime....
It is well-settled that Courts are not meant to vet tender conditions and rewrite the same based on their own understanding, unless the conditions are manifestly arbitrary or smack of mala fide.
The interpretation of tender documents and eligibility criteria should defer to the understanding of the tendering authority. Judicial review should not interfere unless there is mala-fide, arbitrari....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
