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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Gauripur Coop Fishery Society Ltd – Appellant
Versus
State Of Assam Rep. By The Comm. And Secy. To The Govt. Of Assam, Fishery Deptt. – Respondent
| Table of Content |
|---|
| 1. historical context of judicial review regarding tender processes and bakijai clearance certificate requirements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. procedural compliance resulting from previous court directions on tender validity. (Para 10 , 11 , 12 , 13 , 14) |
| 3. parties' contentions regarding tender eligibility and the doctrine of constructive res judicata. (Para 15 , 16 , 17 , 18 , 19) |
| 4. application of constructive res judicata to bar repeated litigation on previously resolvable claims. (Para 20 , 21 , 22 , 24) |
| 5. final order of dismissal and preservation of independence of pending connected litigation. (Para 25 , 26) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. K. Choudhury, the learned Senior counsel assisted by Mr. D. J. Medhi, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 3, 5, 6 and 7. I have also heard Mr. G. Bordoloi, the learned Standing counsel appearing on behalf of the Respondent No.4 as well as Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. U. Goswami, the learned counsel appearing on behalf of the Respo
The principle of constructive res judicata bars parties from raising issues in subsequent litigation that could have been raised in earlier proceedings. Additionally, technical defects in tender docu....
It is settled position of law that power of judicial review of administrative action is intended to prevent arbitrariness, irrationality or unreasonableness or bias or mala fide.
Petitioner society is not a new society but a society registered in the year 1959 and there are materials on record to establish that not only the petitioner was considered for settlement of the Fish....
Co-operative Society’ -It is for the Settling Authority in the Fishery Department, Government of Assam to examine the enforceability of the Notification in the context of its publication or non-publi....
The paramount consideration for settlement of a fishery is public interest, and the court emphasized the importance of transparency, fair play, and compliance with previous court orders in such matte....
The court emphasized the importance of adhering to the Assam Fishery Rules, 1953, in awarding settlement to the 'highest valid bidder' and refrained from adjudicating on technical validity, leaving i....
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