Nullify Object of Rtpp - The order dated 23.9.2021 under Rajasthan Transparency in Public Procurement Act, 2012 emphasizes that courts are duty-bound to protect themselves from falsehood and misstatements, ensuring finality of judgments and preventing parties from re-litigating issues Devendra Construction Co. VS State Of Rajasthan - Rajasthan.
Power of RERC - The Rajasthan Electricity Regulatory Commission (RERC) has well-defined powers and cannot issue directions solely to protect public interest. The purpose of certain clauses is to ensure independent scrutiny of mineral extraction costs and to determine fair pricing, aligning with the broader objective of public interest and fair trade M/s. South West Miniing Limited (Swml) Vs Rajasthan Electricty Regulatory Commission, Vidyut Viniyamak Bhawan - Rajasthan.
Principle of Court Proceedings - The principle underlying judicial proceedings is that courts are integral to the process of law, but improper conduct or falsehood can have serious adverse effects on justice under the Rajasthan Transparency in Public Procurement Act M/S. DEVENDRA CONSTRUCTION CO vs STATE OF RAJASTHAN - Rajasthan.
Mineral Contract Object - Multiple NGT orders highlight that the primary object of mineral-related contracts is for winning minerals, which are commercial in nature, rather than for maintenance or upkeep of infrastructure like dams. The sharing of benefits or costs in mineral extraction is viewed as a diversion from the dominant commercial purpose of such contracts. Respondents contend that mineral collection is incidental, but courts have emphasized that the dominant object remains commercial mineral extraction, not maintenance DINESH BOTHRA VS UNION OF INDIA - National Green Tribunal, DINESH BOTHRA VS UNION OF INDIA - National Green Tribunal, DINESH BOTHRA VS UNION OF INDIA - National Green Tribunal.
Commercial vs. Maintenance Object - The consistent theme across these sources is that contracts for mineral extraction are primarily commercial, and any benefit-sharing mechanisms should not distort this object. The dominant purpose is mineral extraction, not infrastructure maintenance, and attempts to reframe the contract's object are viewed critically DINESH BOTHRA VS UNION OF INDIA - National Green Tribunal.
Analysis and Conclusion:
The overarching principle from these sources is that the nullify object in the context of Rtpp and related contracts pertains to maintaining the integrity of the primary object of agreements—specifically, mineral extraction being a commercial activity. Courts and authorities emphasize protecting the true object of contracts from diversion or misstatement, ensuring that proceedings and contractual interpretations align with the fundamental purpose, and preventing undue influence or falsehoods that could distort justice or contractual intent.
the order dated 23.9.2021 passed by the first appellate authority under Rajasthan Transparency in Public Procurement Act, 2012 (RTPP ... The object underlying the principle is that every Court is not only entitled but is duty bound to protect itself from unscrupulous litigants who do not have any respect for truth and who try to pollute the stream of justice by resorting to falsehood or by making misstatement or by suppressing facts which ... stare decisis requires that there has to be finality of a judgment and it is not permissible for the parties to reo....
The powers of the RERC are well defined and it cannot issue any direction under the avowed object of protecting the public interest. 25. ... The object for incorporating this clause is provided therein itself to ensure that the cost of extraction of mineral is independently scrutinized and determined. ... Rajendra Prasad, the learned senior counsel that the whole object of the exercise of powers under section 62 is to ensure the determination of fair price keeping in mind the public interest. ... Civil Court under the Code of Civil Proced....
The object underlying the principle is that every Court is process of law but would have far reaching adverse effects on the under Rajasthan Transparency in Public Procurement Act, 2012 (for brevity-`the RTPP
The intention of sharing benefit in the cost of the mineral, in substance, makes a serious diversion on the dominant object of NIT/NIB document. ... This fact also shows that the contract in question is for winning mineral, a commercial contract and not with dominant object of maintenance or upkeep of the dam. ... Per-contra, Learned Counsels appearing for respondents 5 and 6 contended that collection of minerals is an incidental and ancillary activity but the object of the leasing body is to award for maintenance of Bisal....
The intention of sharing benefit in the cost of the mineral, in substance, makes a serious diversion on the dominant object of NIT/NIB document. ... This fact also shows that the contract in question is for winning mineral, a commercial contract and not with dominant object of maintenance or upkeep of the dam. ... Per-contra, Learned Counsels appearing for respondents 5 and 6 contended that collection of minerals is an incidental and ancillary activity but the object of the leasing body is to award for maintenance of Bisal....
The intention of sharing benefit in the cost of the mineral, in substance, makes a serious diversion on the dominant object of NIT/NIB document. ... This fact also shows that the contract in question is for winning mineral, a commercial contract and not with dominant object of maintenance or upkeep of the dam. ... Per-contra, Learned Counsels appearing for respondents 5 and 6 contended that collection of minerals is an incidental and ancillary activity but the object of the leasing body is to award for maintenance of Bisal....
This fact also shows that the contract in question is for winning mineral, a commercial contract and not with dominant object of maintenance or upkeep of the dam. The minimum assured payment to ERCPCL is provided in Section-VII item 20 and this we have already quoted above. ... The intention of sharing benefit in the cost of the mineral, in substance, makes a serious diversion on the dominant object of NIT/NIB document. From the profit earned by contractor, an agreed part thereof, shall be departed to the tenderer i.e., ERCPCL making it a party, sharing in....
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