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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, M.S.RAMAN
Biswajit Rath – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. judicial discipline and comity among courts. (Para 1) |
| 2. challenge to tender clause due to claims of arbitrariness. (Para 2 , 3 , 4) |
| 3. arguments against the clause's impact on fair competition. (Para 5 , 6 , 9) |
| 4. binding effect of previous judgments on similar issues. (Para 7 , 8 , 10 , 11) |
| 5. writ petition dismissed; no grounds for interference. (Para 12) |
JUDGMENT :
1. The uniformity and the certainty in law is the virtue. The comity of the Courts ensures the uniformity in decision and eradicates any sense of uncertainty in adhering to the principles of law laid down by the Courts at an earlier point of time. The judgment rendered by the Supreme Court not only binds the Courts of the country where the law is declared but also binds the coordinate Bench to ensure uniform pattern of adherence to the law so declared. The judgment rendered by a co-equal strength bench is not only binding upon a lesser strength Bench but also on the bench of equal strength. The amity and comity of adherence to a judgment rendered by the coordinate Bench is not only binding upon the Bench of equal strength but also to ensure the proprietary of the judicial discipline. The only course open
Decisions by coordinate benches are binding on subsequent benches to ensure judicial discipline; departure requires reference to a larger bench, reinforcing the principle of uniformity in law.
Judicial comity dictates that a coordinate bench must follow earlier judgments made by similar strength benches, only diverging through referral to a larger bench if disagreement arises.
Judicial review is permissible in tender matters only to prevent arbitrariness; criteria should ensure fairness and cannot favor specific bidders without rational basis.
Point of Law – The principles that emerge from the above precedents are, the writ court has limited jurisdiction in matters concerning contracts and invitation to bid for contract; Court must adopt r....
The main legal point established in the judgment is that in matters of tender, the State has the freedom to formulate conditions and the court should exercise judicial restraint, ensuring fairness an....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The amendment to the eligibility criteria for bidders in the CPWD Works Manual is deemed arbitrary and violative of Article 14, creating an unjust distinction between bidders based on their subsidiar....
Tender conditions upheld as reasonable for bidder integrity, safety and compliance; judicial review in contracts limited to arbitrariness, mala fides or public interest, with deference to administrat....
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