AI Overview...
-
Personal Interest Cannot Justify Tender Challenges - Courts have held that challenges based solely on personal interests or motives, such as personal problems or alleged cartel activities, are not valid grounds for contesting tenders. The eligibility criteria in notices inviting tenders are designed to ensure fair competition, and petitions based on personal grievances are dismissed to uphold transparency and fairness Jayanta Kumar Bhattacharjee VS Union of India - Gauhati.
-
Judicial Review Limited to Arbitrariness and Public Interest - Courts emphasize that judicial intervention in tender processes is permissible only in cases of arbitrariness or violation of public interest. For example, the rejection or acceptance of tenders is generally within the domain of administrative discretion, and courts are reluctant to interfere unless there is clear arbitrariness or bias. Challenges based on alleged bias or proprietary interest require concrete proof STATE OF J. & K VS QUZI NAZIR AHMAD - Jammu and Kashmir, Cobra Industrial Security Forces (I) Ltd. VS State of Bihar through the Director, Department of Education - Patna.
-
Challenges Based on Personal Motives are Unwarranted - Courts have dismissed petitions where the petitioner’s motives are linked to personal or commercial interests rather than public benefit. Public interest litigation must genuinely reflect wider societal benefits, not personal or commercial gains ADHIR GHOSH VS STATE OF WEST BENGAL - Calcutta, Mumbai V. Konkan Vibhagiya Mahila Aydyogik Utpadak Sahakari Sanstha Mahasangh Limited VS State of Maharashtra - Bombay.
-
Limitations of Judicial Review in Tender Processes - While courts can scrutinize tenders for procedural fairness, they generally refrain from interfering in administrative decisions unless there is evidence of arbitrariness, bias, or violation of constitutional principles like Article 14. Challenges based purely on personal interest or minor procedural lapses are typically rejected I. V. R. Constructions Ltd VS Sukdevraj Sharma and Bros - Andhra Pradesh, Cobra Industrial Security Forces (I) Ltd. VS State of Bihar through the Director, Department of Education - Patna.
-
No Obligation for Payment of Interest in Tender Disputes - In cases where tenders are canceled or re-tendered, the courts have clarified that the state is not obliged to pay interest unless explicitly provided for, and delays or cancellations are often considered within the scope of administrative discretion, provided they are justified and not arbitrary Harishankar Ramaswarup Jaiswal VS Commissioner of Prohibition and Excise, Bombay & others - Bombay.
Analysis and Conclusion:
Courts consistently uphold the principle that tender challenges must be rooted in public interest and procedural fairness. Personal interests or motives do not constitute valid grounds for contesting tenders, and judicial review is limited to cases of arbitrariness, bias, or violation of constitutional principles. Challenges based solely on personal gain are generally dismissed to maintain fair competition and administrative autonomy.
References:
- Jayanta Kumar Bhattacharjee VS Union of India - Gauhati
- Tirumala Tirupathi Devasthanam, Tirupathi VS K. Subbarayudu - Andhra Pradesh
- I. V. R. Constructions Ltd VS Sukdevraj Sharma and Bros - Andhra Pradesh
- STATE OF J. & K VS QUZI NAZIR AHMAD - Jammu and Kashmir
- SAFARI BIKES LTD vs THE STATE OF KERALA AND OTHERS - Kerala
- K.C.Kumaran vs Rani Shanmugam - Madras
- Cobra Industrial Security Forces (I) Ltd. VS State of Bihar through the Director, Department of Education - Patna
- ADHIR GHOSH VS STATE OF WEST BENGAL - Calcutta
- Mumbai V. Konkan Vibhagiya Mahila Aydyogik Utpadak Sahakari Sanstha Mahasangh Limited VS State of Maharashtra - Bombay
- Harishankar Ramaswarup Jaiswal VS Commissioner of Prohibition and Excise, Bombay & others - Bombay
Search Results for "Tender Cannot be Challenged for Personal Interest"
2012 0 Supreme(Gau) 590 • India - Gauhati
A.K.GOSWAMI
for similar nature of works due to his personal problems – Held, In notices inviting tender eligibility criteria is not restricted ... aforesaid notices inviting tender and the challenge is mounted only by whose experience back – Petition dismissed ... thus ensuring fair competition - It is also noticeable that writ petitioner in which also alleged existence of a cartel has not challenged ... notices inviting temper cannot be accepted. ... This Court is of the considered opinion that ....
1999 0 Supreme(AP) 714 • India - Andhra Pradesh
G.BIKSHAPATHY
ARBITRATION - AWARD - VALIDITY - REASONS - NON-SPEAKING AWARD - WHETHER MANDATORY - JURISDICTION OF ARBITRATOR - WHETHER CAN BE CHALLENGED ... Therefore, six tender notifications were issued calling for the tenders from the prospective tenders and one Mr. ... Apart from this, individual claim for EMD, costs and interest was also allowed. ... "the phrase "whatever manner" mentioned in the arbitration agreement cannot embrase in it that the arbitrators can decide the dispute on the basis....
1998 0 Supreme(AP) 644 • India - Andhra Pradesh
N.Y.HANUMANTHAPPA, NEELAM SANJIVA REDDY
The petitioner challenged the acceptance of the 4th respondent's tender by way of a writ petition, alleging that the 2nd respondent ... The High Court cannot interfere with the acceptance or rejection of a tender by the department under Article 226 of the Constitution ... after exercising due diligence and care and after taking the legal advice from the Law Ministry to protect the interest of the department ... The likelihood of bias may arise on account of proprietary interest or on a....
1999 0 Supreme(J&K) 260 • India - Jammu and Kashmir
GURU SHARAN SHARMA
TENDER - REJECTION - POWER OF GOVERNMENT - JUDICIAL REVIEW - ARBITRARINESS - PUBLIC INTEREST - CAUSE OF ACTION - INJUNCTION - ... The act of the Government for re-tendering the sale cannot be said as arbitrary but judicious and directed to increase the financial ... The Government's decision to re-tender the sale was not arbitrary as it was taken to protect the financial interests of the State ... Vijay Kumar Bahadur Singh (AIR 1982 SC 1234), it has been held that the Government is under no obligation t....
2011 Supreme(Online)(KER) 13917 • India - High Court of Kerala
C.K. ABDUL REHIM, J
Fact of the Case: The petitioner challenged the cancellation of a tender for supplying bicycles to Scheduled Caste ... Issues: Whether the cancellation of the tender was arbitrary and aimed at personal benefit, violating Article 14 of the Constitution ... Tender - Writ Petition - Article 14 - The summary discusses the legal framework of government tender processes, the discretionary ... As contended on behalf of the respondents the petitioner is a person who has participated in the ....
2025 Supreme(Online)(Mad) 58133 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, G.ARUL MURUGAN, J
is dismissed as the petitioner failed to establish any genuine public interest and rather showed personal motives linked to commercial ... ... ... Ratio Decidendi: The court ruled that public interest litigation must genuinely reflect wider public benefits, not personal ... ... ... Issues: Consideration of whether the petition served genuine public interest or if it was driven by the petitioner’s personal ... with the present writ petition for his personal #HL_STA....
2020 0 Supreme(Pat) 462 • India - Patna
RAJEEV RANJAN PRASAD
(A) Constitution of India - Article 226 - Judicial Review - Tender process - Petitioner challenged the issuance of new tenders for ... Public interest dictates intervention only in compelling circumstances. ... ... ... Issues: Whether the petitioner had standing to challenge the tender process and if the actions of the respondents were arbitrary ... It is published for general and in case someone is not in a position to submit a tender it cannot be....
1998 0 Supreme(Cal) 226 • India - Calcutta
P.S.MISHRA, BARIN GHOSH
( 6 ) HENCE by filing Writ Petition No. 23629 (W) of 1997 the petitioner/appellant contended that rejection of lower rate offered by him and acceptance of higher rate offered by the private respondents No. 7, 8 and 9 is arbitrary, opposed to public policy and contrary to the financial interest ... and if on such investigation it transpires that any public officer for his own personal benefit had shun his public duty, shall immediately lodged a complaint under the Criminal Procedure Code, 1973 and forward his report to the appropriate Vigilance Department f....
2020 0 Supreme(Bom) 1069 • India - Bombay
R.D.DHANUKA, MADHAV J.JAMDAR
, a Federation of Women Self Help Group, challenged Tender Advertisement No. 1/2020 and Tender Advertisement No. 29/2020, claiming ... Tender Advertisement - Challenge to Tender Advertisement No. 1/2020 and Tender Advertisement No. 29/2020 - National Food Security ... conditions and during the tender process. ... There is no provision for payment of interest for payment delay in the scheme, So state cannot bear the....
1996 0 Supreme(Bom) 548 • India - Bombay
V.S.SIRPURKAR
... Maharashtra Toddy Shops (Grant of Licences by Auction or Tender) ... It is a trite law that once the High Court choose to entertain the writ petition and admits the same then the defence of laches cannot ... It shall be, however, open to the petitioner it claim before the concerned authority the interest on this amount and, for that purpose ... Rule 14-A of the Order provides that if a person fails to pay the one-fourth amount of the accepted tender, the Collector may cancel the acceptance of his tender#HL_....
Filter by Legal Phrase
