AI Overview...
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Black-listing in Government Contracts - The court emphasized that black-listing orders have significant civil consequences and must adhere to principles of fairness, including proper notice and opportunity to be heard. The court highlighted that such orders should not be issued arbitrarily and must be supported by legal provisions. Manjit Sales Corporation VS State of Punjab - Punjab and Haryana, Risha Lodha D/o Bhagwat Singh Lodha VS Institute Of Chartered Accountants Of India - Rajasthan
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Validity and Procedure of Black-listing - Courts have quashed black-listing and rejection orders when found to violate procedural fairness or lack legal support. Decisions must be based on proper procedures, and authorities are expected to decide on black-listing issues before taking further action or disposing of representations. Bright Solar Pvt. VS Director Ministry of New and Renewable Energy - Allahabad, N. B. Krishna Kurup VS Union of India, Represented by Chairman - Kerala, MIR Projects and Consultants (P) Ltd. VS State of Kerala - Kerala
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Judicial Review and Fairness - The Supreme Court and High Courts have underscored that black-listing involves penal consequences requiring higher standards of fairness. Orders must be supported by law, and courts have the authority to quash black-listing if procedural lapses or lack of legal basis are identified. Bhupendra Singh Kushwah VS State of M. P. - Madhya Pradesh, Durga Furniture And Body Builders Production Coop. Industrial Society Ltd. VS Registrar, Coop. Societies - Punjab and Haryana
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Legal Principles and Rights - Courts have clarified that parties affected by black-listing are entitled to legal remedies and that black-listing cannot be presumed valid without proper legal backing. The Registrar or authorities must have legal authority to impose such measures. Patna Regional Development Authority: Walia Builders VS Rashtriya Pariyojana Nirman Nigam - Supreme Court, State of Madhya Pradesh VS Narmada Bachao - Supreme Court
Analysis and Conclusion:
Courts consistently hold that black-listing must be conducted with procedural fairness, transparency, and legal backing. Orders that violate these principles are subject to quashing. The judiciary emphasizes that black-listing carries civil and penal implications, necessitating adherence to constitutional and statutory safeguards to prevent arbitrary or unjust exclusion.
Search Results for "Judgment on Black Listing"
2002 0 Supreme(P&H) 375 • India - Punjab and Haryana
JAGDISH SINGH KHEHAR
Black-listing - Government Contracts - Condition No. 7, Condition No. 17(ii) of Schedule B - The court discussed the provisions ... of Condition No. 7 and Condition No. 17(ii) of Schedule B attached to the rate contract, highlighting that the black-listing order ... Ratio Decidendi: The court held that the black-listing order had adverse civil consequences and required principles of fair ... Learned counsel for the petitioner to substantiate his claim that an order of black#....
2016 0 Supreme(All) 2984 • India - Allahabad
A.P.SAHI, ATTAU RAHMAN MASOODI
in the previous judgment. ... Black Listing - Contract Dispute - The court quashed the black listing order and rejection order, finding them to be in violation ... as directed in the previous judgment. ... However, the respondents shall first proceed to decide the issue relating to black listing and then proceed to dispose of the representation again as directed by our judgment dated 15.12.2015 preferably within four weeks' from the....
1996 5 Supreme 191 • India - Supreme Court
J.S.VERMA, SUJATA V.MANOHAR
non-receipt of letter should have been proved otherwise than by alleged admission-High Court should not have set aside the order of black-listing ... building-Bid of first respondent was found to be the lowest-However, it was not accepted on the ground that first respondent had been black-listed ... There was no question of their sitting in judgment over the black-listing order. Nor was this a case of the appellants themselves issuing an order black-listing#....
2006 0 Supreme(Ker) 307 • India - Kerala
S.SIRI JAGAN
It may be stated here that in the aforesaid judgment while upholding the black listing of the 4th respondent the challenge against the black listing of another caterer was interfered with by this Hon’ble Court.” ... The 4th respondent had challenged the black listing before this Hon’ble Court by way of W.P.(C).No.1952 of 2006 which however was dismissed by a Division Bench of this Hon’ble Court in the judgment rendered along with Writ Appeal No.103 o....
2025 Supreme(Online)(Gau) 6588 • India - Gauhati High Court
ASHUTOSH KUMAR, CJ, ARUN DEV CHOUDHURY, J
This judgment analyses the rights of a company in connection with participation in tenders and their status regarding black-listing ... The Gauhati High Court addressed the petitioner's grievance about being excluded from tenders due to purported black-listing when ... The court observed that any grievance about the listing could be addressed through legal remedies available to the petitioner. ... This stricto sensu would not be black-listing but, e....
2011 0 Supreme(SC) 954 • India - Supreme Court
J.M.PANCHAL, B.S.CHAUHAN, DEEPAK VERMA
It is in this background the submissions have been advanced by Shri Rajinder Sachar, Shri Rajiv Dhavan, learned senior counsel and Shri Sanjay Parikh that there was no occasion for the court to pass the adverse remarks in the aforesaid paragraphs of the judgment as it amounts to black listing the NBA ... Their past conduct was also pointed out and dealt with in paragraph 133 of the judgment dated 11.5.2011. ... 7. ... Therefore, the contents of that application or issuance of notice on the same did not have any bearing ....
2012 0 Supreme(Ker) 1099 • India - Kerala
T.R.RAMACHANDRAN NAIR
within prescribed time limit and if not, order would become final and party affected will be bound by it also - They cannot sit in judgment ... There was no question of their sitting in judgment over the black-listing order. Nor was this a case of the appellants themselves issuing an order black-listing the first respondents." ... The above judgment applies on all fours to the facts of this case also. ... There was no challenge to the black-#HL_START....
2010 0 Supreme(MP) 514 • India - Madhya Pradesh
PIYUSH MATHUR
In yet another judgment, the Supreme Court while examining the extant of the power of judicial review in relation to the Government Contracts has observed that the cases involving black listing or imposition of penal consequences require a higher degree of fairness in action of the "State". ... listing deserves to be quashed. ... The Supreme Court of India while dealing with the case of black listing, has observed in the case of Erusian Equipment & Chemicals Ltd. v. ... Black....
2007 0 Supreme(P&H) 1012 • India - Punjab and Haryana
ARVIND KUMAR
Ratio Decidendi: The court relied on previous judgments and found that there was no provision of law to support the impugned ... Judgment ... Arvind Kumar, J. ... 1. Since a common question of law and facts is involved in all these petitions, they are being disposed of by this judgment passed in C.W.P. No. 4997 of 1986. ... The only argument of learned Counsel for the petitioners is that the Registrar, Cooperative Societies is not vested with any such power or authority to pass any such order, black listing#H....
2021 0 Supreme(Raj) 187 • India - Rajasthan
DINESH MEHTA
Though this judgment deals with the issue relating to black listing but the observations made by the Supreme Court in that process makes the legal position clear that a show cause notice should necessarily state the action which is proposed to be taken against the noticee. ... JUDGMENT : 1.
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