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JAMMU AND KASHMIR HIGH COURT
, J
New India Distillery (M/s.) and Another v. State of J. and K. and Others
| Table of Content |
|---|
| 1. introduction and background of the petition and points of contention. (Para 1 , 2) |
| 2. details regarding the tender process and negotiations. (Para 3 , 4 , 5 , 6 , 7) |
| 3. recommendations by the dpc regarding contract awards. (Para 8 , 9) |
| 4. legal principles governing state actions related to contract awards. (Para 10 , 11) |
| 5. observation on fairness, reasonableness, and the governmental duty. (Para 12 , 13 , 14 , 15) |
| 6. final decision directing fresh tendering due to impropriety. (Para 16 , 17 , 18) |
1. On 29-12-1995 it was decided and directed that this petition be disposed of finally at the motion hearing stage, without being formally admitted to hearing.
2. On Oct. 19, 1995 respondent No. 2, Excise Commissioner, J. and K. issued a notice inviting tenders (NIT for short) for and on behalf of the Governor of the State inviting tenders for the supply of 6 lakhs and 17 lakhs bulk litres of Rectified Spirit (94.4%) and above at Room temperature of 15 degree Celsius and of ISI 'A' Grade Quality) which was required for the Excise Warehouse, Jammu for the Alcohol year 1995-96. In response to this NIT, various parties submitted their tenders. We are, however, concerned with the
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