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Jp Iscon Pvt Ltdthrough Jatin Madanlal ... vs State Of Gujarat on 18 October, 2021

"It can no longer be doubted at this point of time that Act. 14 of the Constitution of India applies also to matters of governmental policy and if the policy or any action of the Government, even in contractual matters, fails to satisfy the test of reasonableness, it would be unconstitutional. (See Ramana Dayaram Shetty v. The International Airport Authority of India, A.I.R. 1979 S.C. 1628 and Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir, A.I.R. 1980 S.C. 1982). In Col.
Gujarat High Court Cites 72 - Cited by 0 - J B Pardiwala - Full Document

M/S. Agile Security Force Private ... vs South Central Railway on 22 November, 2021

"10. Every action of the State must be informed with reason and should be free from arbitrariness. That is the very essence of the rule of law and its bare minimal requirement. And to the application of this principle it makes not difference whether the exercise of the power involves affection of some right or denial of some privilege. (Ramana Dayaram Shetty v. International Air Port Authority of India ). An action which is unfair or unreasonable cannot be sustained. Objective satisfaction must be the basis for an executive action. The State is required to act bona fide and not arbitrarily when its action is like to prejudicially affect the rights of others.
Andhra Pradesh High Court - Amravati Cites 40 - Cited by 0 - Full Document

Jp Iscon Pvt Ltdthrough Jatin Madanlal ... vs State Of Gujarat on 18 October, 2021

"It can no longer be doubted at this point of time that Act. 14 of the Constitution of India applies also to matters of governmental policy and if the policy or any action of the Government, even in contractual matters, fails to satisfy the test of reasonableness, it would be unconstitutional. (See Ramana Dayaram Shetty v. The International Airport Authority of India, A.I.R. 1979 S.C. 1628 and Kasturi Lal Lakshmi Reddy v. State of Jammu and Kashmir, A.I.R. 1980 S.C. 1982). In Col.
Gujarat High Court Cites 72 - Cited by 0 - J B Pardiwala - Full Document

Kinsfolk Infra Engineering vs State Of Gujarat on 1 December, 2021

"It can no longer be doubted at this point of time that Article 14 of the Constitution of India applies also to matters of governmental policy and if the policy or any action of the Government, even in contractual matters, fails to satisfy the test of reasonableness, it would be unconstitutional. (See Ramana Dayaram Shetty vs. The International Airport Authority of India, AIR 1979 S.C. 1628 and Kasturi Lal Lakshmi Reddy vs. State of Jammu and Kashmir, AIR 1980 S.C. 1982). In Col.
Gujarat High Court Cites 43 - Cited by 0 - J B Pardiwala - Full Document

Montecarlo Limited vs Gujarat Rail Infrastructure ... on 22 July, 2021

"14. We must reiterate the words of caution that this Court has stated right from the time when Ramana Dayaram Shetty vs. International Airport Authority of India [(1979) 3 SCC 489] was decided almost 40 years ago, namely, that the words used in the tender documents cannot be ignored or treated as redundant or superfluous -- they must be given meaning and their necessary significance. In this context, the use of the word "metro" in Clause 4.2(a) of Section III of the bid documents and its connotation in ordinary parlance cannot be overlooked.
Gujarat High Court Cites 29 - Cited by 2 - J B Pardiwala - Full Document

Montecarlo Limited vs Gujarat Rail Infrastructure ... on 22 July, 2021

"14. We must reiterate the words of caution that this Court has stated right from the time when Ramana Dayaram Shetty vs. International Airport Authority of India [(1979) 3 SCC 489] was decided almost 40 years ago, namely, that the words used in the tender documents cannot be ignored or treated as redundant or superfluous -- they must be given meaning and their necessary significance. In this context, the use of the word "metro" in Clause 4.2(a) of Section III of the bid documents and its connotation in ordinary parlance cannot be overlooked.
Gujarat High Court Cites 29 - Cited by 0 - J B Pardiwala - Full Document

Khanna Paper Mills Ltd. Throug Jaimin M ... vs Gujarat State Board Of School Textbooks ... on 3 September, 2021

"14. We must reiterate the words of caution that this Court has stated right from the time when Ramana Dayaram Shetty vs. International Airport Authority of India [(1979) 3 SCC 489] was decided almost 40 years ago, namely, that the words used in the tender documents cannot be ignored or treated as redundant or superfluous -- they must be given meaning and their necessary significance. In this context, the use of the word "metro" in Clause 4.2(a) of Section III of the Page 38 of 52 Downloaded on : Sun Jan 16 12:08:53 IST 2022 C/SCA/12149/2021 JUDGMENT DATED: 03/09/2021 bid documents and its connotation in ordinary parlance cannot be overlooked.
Gujarat High Court Cites 41 - Cited by 0 - J B Pardiwala - Full Document

Cube Construction Engineering Limited ... vs State Of Gujarat on 7 October, 2021

"It can no longer be doubted at this point of time that Article 14 of the Constitution of India applies also to matters of governmental policy and if the policy or any action of the Government, even in contractual matters, fails to satisfy the test of reasonableness, it would be unconstitutional. (See Ramana Dayaram Shetty vs. The International Airport Authority of India, AIR 1979 S.C. 1628 and Kasturi Lal Lakshmi Reddy vs. State of Jammu and Kashmir, AIR 1980 S.C. 1982). In Col.
Gujarat High Court Cites 66 - Cited by 0 - J B Pardiwala - Full Document

Tafe Motors And Tractors Ltd vs The State Of Assam And 11 Ors on 1 June, 2021

42. The respondent No. 3 initiated the tender process on the basis of the notice dated 04.02.2019. After opening of the price bids of the technically qualified bidders the Bid Evaluation Committee took decisions and sent for approval by the Government in the Department of Agriculture. Therein due to reasons herein above stated the Cabinet took a decision on the basis of which fresh competitive price bids were called for from the technically qualified bidders. There was no enabling provision in the ITB of the NIT dated 04.02.2019 for such recalling of fresh competitive price bids after opening of the price bids. But the grounds on the basis of which the tendering authority had to go beyond the terms of NIT were informed to the petitioners and other technically qualified bidders which clearly shows that such deviation was for the larger public interest. The petitioners failed to discharge their burden in order to disprove the fact of larger public interest being involved in such deviation from the tender terms and conditions. Accordingly, I hold that the act of the respondent No. 3 in issuing the notice dated 30.10.2019 calling for fresh competitive price bids is based on valid principle and the same is not irrational, unreasonable or discriminatory towards the petitioners. There was no hidden agenda Page No.# 33/35 behind such action of the respondent No. 3 and the action is in conformity with the ratio laid down in Ramana Dayaram Shetty (supra).
Gauhati High Court Cites 11 - Cited by 0 - P K Deka - Full Document

Khanna Paper Mills Ltd. Throug Jaimin M ... vs Gujarat State Board Of School Textbooks ... on 3 September, 2021

"14. We must reiterate the words of caution that this Court has stated right from the time when Ramana Dayaram Shetty vs. International Airport Authority of India [(1979) 3 SCC 489] was decided almost 40 years ago, namely, that the words used in the tender documents cannot be ignored or treated as redundant or superfluous -- they must be given meaning and their necessary significance. In this context, the use of the word "metro" in Clause 4.2(a) of Section III of the Page 38 of 52 Downloaded on : Mon Sep 06 21:06:11 IST 2021 C/SCA/12149/2021 JUDGMENT DATED: 03/09/2021 bid documents and its connotation in ordinary parlance cannot be overlooked.
Gujarat High Court Cites 41 - Cited by 0 - J B Pardiwala - Full Document
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