AI Overview...
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Husband/Wife Participation in Bids - Courts have clarified that close relatives such as husband and wife do not automatically become related persons or share mutuality of interest in tender processes. Participation by spouses is permissible unless specific tender clauses prohibit it. Several judgments emphasize that mere familial relationship does not imply collusion or disqualify a bid, provided there is no evidence of mutual interest or malafide intent. For instance, courts have quashed debarment orders where non-compliance was the sole issue, and no proof of collusion was found Lord Krishna Electronic Industries vs New Delhi Municipal Council - Delhi, Lord Krishna Electronic Industries VS New Delhi Municipal Council - Delhi, Zenith Metaplast (P) Limited VS State of Telangana - Telangana, Travel News Services (India) Private Limited, rep by its General Manger Sanjay Mittal, New Delhi VS Airports Authority of India (Southern Region), rep by its Regional Executive Director - Madras, Pmr Consortium VS Bhubaneswar Municipal Corporation. - Orissa.
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Debarment and Non-Compliance - Debarment requires substantial evidence of wrongdoing; mere non-compliance or submission of non-conforming bids alone are insufficient grounds for debarment. Courts have held that non-compliance should lead to bid rejection rather than debarment, especially when no evidence of fraudulent intent exists Lord Krishna Electronic Industries vs New Delhi Municipal Council - Delhi, Lord Krishna Electronic Industries VS New Delhi Municipal Council - Delhi.
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Family Members and Tender Eligibility - The definition of near relatives generally includes spouses, parents, children, siblings, and in-laws. However, courts have observed that two concerns operated by spouses do not automatically become related persons unless mutuality or collusion is established. Tender clauses often prohibit relatives from participating to prevent conflict of interest, but the mere relationship does not imply automatic disqualification S. N. ENGINIRING WORKS VS MAHANAGAR TELEPHONE NIGAM LIMITED - Delhi, Travel News Services (India) Private Limited, rep by its General Manger Sanjay Mittal, New Delhi VS Airports Authority of India (Southern Region), rep by its Regional Executive Director - Madras.
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Ethical and Terminological Considerations - Feminist perspectives advocate using terms like spouse/partner instead of husband/wife to promote neutrality and reduce bias. Some cases also highlight that relationships such as husband-wife should be viewed with nuance, considering the context of each tender and the evidence of collusion Kezhson I vs The Director of Town Panchay - Madras.
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Evidence and Disqualification - Cases involving familial relationships often hinge on the evidence of mutuality of interest or collusion. Lack of such evidence typically results in the quashing of debarment or disqualification orders. Courts have emphasized that familial ties alone do not constitute grounds for disqualification unless coupled with fraudulent practices or collusion NARENDRA GIRI vs RAJ. STATE ROAD TRANS. COR. and ANR - Rajasthan, M/S LORD KRISHNA ELECTRONIC INDUSTRIES Vs NEW DELHI MUNICIPAL COUNCIL - Delhi.
Analysis and Conclusion:
Participation of spouses in tenders is permissible unless specific tender conditions explicitly prohibit it or evidence of collusion or mutual interest exists. Courts generally favor a strict evidence-based approach, requiring substantial proof before disqualifying or debarment. Non-compliance or familial relationships, in isolation, are insufficient grounds for punitive measures. Ethical considerations suggest using neutral terminology to describe relationships, and tender authorities must carefully assess evidence before taking action related to family ties.
Search Results for "Husband Wife can t Submit Bid in a Nit"
• India - Delhi High Court
SANJEEV SACHDEVA
cogent evidence to support the debarment of the petitioner under the Pre Contract Integrity Pact; merely submitting a non-compliant bid ... The court held that debarment requires substantial evidence of wrongdoing; mere non-compliance in submissions should only lead to bid ... As per NIT terms & conditions, you had to submit the successfully executed three similar orders of decorative cast iron poles of 4 mtrs. ... His wife when contacted by the officers of the respondent stated that she was a housewi....
2021 0 Supreme(Del) 1411 • India - Delhi
SANJEEV SACHDEVA
Finding of the Court: The court found the debarment unsustainable as the bid non-compliance should have led to bid ... was non-compliant, which should have led to bid rejection and not debarment. ... Integrity Pact - [NDMC] - [15(3), Clause 5, Clause 3] - The court quashed the debarment order dated 09.07.2019 as the petitioner's bid ... His wife when contacted by the officers of the respondent stated that she was a housewife and did not know anything about the business of her husband....
2022 0 Supreme(Telangana) 639 • India - Telangana
KUNURU LAKSHMAN
Constitution of India, 1950 - Articles 14, 19 and 21 - Tender - Re-consider technical bid - Application ... pursuant to Tender Notification – Held, Court cannot accept contention of petitioners that preponing date of opening of financial bid ... where a counter-affidavit is yet to be filed - No discrimination or mala fides are shown to suggest that preponing of financial bid ... Two concerns or units operated by a husband and wife do not automatically become related persons and do not have mutuality of ....
1996 0 Supreme(Del) 347 • India - Delhi
LOKESHWAR PRASAD, R.C.LAHOTI
Tender Bid - Prohibition — Denial to near relatives of public undertaking — The decision not to enter into contract with the relatives ... ... NOTE : "the term near relatives means wife/husband/parents and grand parents/children/ grant children/brothers/ sisters/ uncles/ aunts/cousin and their corresponding in-laws. ... Their Lordships of the Supreme Court held vide para 7 of the judgment that by using the expression "registered II class hotelier the respondent intended to delineate a certain category of persons who alone should be el....
2017 0 Supreme(Mad) 2181 • India - Madras
M.DURAISWAMY
contracts thereof to operate with the Airports Authority of India and other Airport Operators of India – Held, 3rd respondent that even husband ... and wife do not automatically become related persons and cannot automatically assume mutuality of interest is concerned, the said ... the tender process, which bars two close relatives participating in the tender process as per Clause-2.2.1(c)(vi) of the RFP - Bid ... Two concerns or units operated by a husband and wife do not automatically become related pe....
2022 0 Supreme(Ori) 401 • India - Orissa
B. R. SARANGI, G. SATAPATHY
The petitioner's technical bid was declared responsive and its financial bid was also accepted. ... TENDER - FRAUDULENT PRACTICE - SUPPRESSION OF FACT - DISCLOSURE OF INCOMPLETE FACTS - BIDDER'S OBLIGATION - BMC'S RIGHT TO REJECT BID ... This constituted a 'fraudulent practice' as defined in Clause 4.3(a) of the RFP and, therefore, the bid of the opposite party was ... Namita Jain, AIR 2006 MP 51, held that non-disclosure of age and having major children by the husband at the time of marriage is suppres....
2025 Supreme(Online)(Mad) 66881 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE C.SARAVANAN
Feminists take exception even to the employment of the expression “husband/wife”. Spouse/partner/marital partner are the preferred terms of usage to discourage such relationships. ... , there was an embargo on the Tender Accepting Authority, namely the fourth respondent, against permitting MJD Construction and Engineering Contractors Private Limited and M.Manikandan to submit their bid and participate in the tender process. ... It is submitted that the said Manikandan is the husband of Mrs.D.Janaga Jeb....
1994 0 Supreme(SC) 697 • India - Supreme Court
M. N. VENKATACHALIAH, S. MOHAN, M. M. PUNCHHI
Town of Madison In the last cited case the court was concerned with both the family sentiment that was present and with the opportunity for the wife to have what in reality a private hearing before the board with her husband acting as advocate. See p. 778. ... Shri Satish Kumar accordingly joined Respondent 10 on 6/1/1992. * * * I state and submit that Shri Satish Kumar was selected by Respondent 10-Company in the normal course and the selection was purely on merit." ... As a matter of fact BPL Systems and Projects did submit#HL....
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
The appellant, husband of previous licence holder applied for the Briefly stated, the facts of the case are that wife ... was cancelled and amended NIT (Annex.7) has been issued. ... However, learned counsel for the appellant submits that still he is ready to increase the rent, Learned counsel for the appellant submits
2021 Supreme(Online)(DEL) 505 • India - High Court of Delhi
As per NIT terms & conditions, you had to submit the successfully executed three similar orders of decorative cast iron poles of 4 mtrs. ... His wife when contacted by the officers of the respondent stated that she was a housewife and did not know anything about the business of her husband who had since expired and he had not mentioned to her about any business. The concerned Purchase Order is dated 07.07.2013 and Mr. ... Krishna Sabharwal found present, she, told that her husband Sh. Joginder Sabharwa....
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