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Documents citing Mr. B.S.N. Joshi & Sons Ltd vs Nair Coal Services Ltd. & Ors on 31 October, 2006

The Tamil Nadu Police Housing ... vs M/S.P & C Projects (P) Ltd

In view of the subsequent decisions of the Hon'ble Supreme Court which deviate from the position of law as was laid down in B.S.N.Joshi and Sons Ltd., Vs. Nair Coal Services Ltd., and others reported in (2006) 11 SCC 548, we find that the judgment of the learned Single Judge deserves to be set aside and the same is accordingly set aside. The appeals are allowed, however, in the circumstances there will be no order as to costs. Consequently, the connected miscellaneous petitions are also closed.
Madras High Court Cites 11 - Cited by 0 - R Subramanian - Full Document

M/S. Mana Constructions Thr. Partner ... vs Agricultural Produce Market ... on 7 July, 2016

21. Respondent No. 2 was always aware that it was not satisfying eligibility condition of single completed building worth Rs.384.00 lac, hence, it relied upon certificates issued by the Architect as also by the Executive Engineer. This shows that the certificates issued by the Executive Engineer or then by the Architect were not adequate and Respondent No. 2 had knowledge of it. He relies upon the judgment of the Hon'ble Apex Court in the case of B.S.N. Joshi & Sons Ltd. vs. Nair Coal ::: Uploaded on - 11/07/2016 ::: Downloaded on - 11/07/2016 23:59:24 ::: wp1745.16 16 Services Ltd. & Anr. (supra), to urge that essential conditions cannot be relaxed and certificate issued by the Executive Engineer showing completion of single work at least worth Rs.384.00 lac cannot be and could not have been ignored.
Bombay High Court Cites 7 - Cited by 0 - B P Dharmadhikari - Full Document

M/S. Mana Constructions Thr. Partner ... vs Agricultural Produce Market ... on 7 July, 2016

21. Respondent No. 2 was always aware that it was not satisfying eligibility condition of single completed building worth Rs.384.00 lac, hence, it relied upon certificates issued by the Architect as also by the Executive Engineer. This shows that the certificates issued by the Executive Engineer or then by the Architect were not adequate and Respondent No. 2 had knowledge of it. He relies upon the judgment of the Hon'ble Apex Court in the case of B.S.N. Joshi & Sons Ltd. vs. Nair Coal ::: Uploaded on - 11/07/2016 ::: Downloaded on - 11/07/2016 23:59:26 ::: wp1745.16 16 Services Ltd. & Anr. (supra), to urge that essential conditions cannot be relaxed and certificate issued by the Executive Engineer showing completion of single work at least worth Rs.384.00 lac cannot be and could not have been ignored.
Bombay High Court Cites 7 - Cited by 0 - B P Dharmadhikari - Full Document

M/S Gousia Fayaz vs Skims & Anr on 2 December, 2013

Even in Mr. B. S. N. Joshi & Sons Ltd. v. Nair Coal Services Ltd (supra), cited and relied upon by the learned counsel for the petitioner, it has been held that if there are essential conditions, the same must be adhered to; and that if there is no power of general relaxation, ordinarily the same shall not be exercised and the principle of strict compliance would be applied where it is possible for all the parties to comply with all such conditions fully. It is not the case of the petitioner that the respondents have exercised any power of relaxation or that it was not possible for him to comply with the condition in question. Contrary to it, it is the case of the respondents that tender documents of two other tenderers have been rejected by them on the same ground. That being so, the petitioner has not made out any case of infringement of any of his rights or discrimination on any count, whatsoever.
Jammu & Kashmir High Court - Srinagar Bench Cites 6 - Cited by 0 - Full Document

M/S.Garware-Wall Ropes Ltd vs The State Of Tamil Nadu on 12 October, 2007

89. The principles laid down by the Supreme Court in Sterling Computers case, Tata Cellular case, Global Energy case and B.S.N. Joshi & Sons case are all guiding factors while deciding a contract of this nature and in the matter of judicial scrutiny, the power of relaxation and the scope of interference in the Government contract has been carefully analysed in these judgments and I have given due consideration to the same.
Madras High Court Cites 21 - Cited by 0 - V Dhanapalan - Full Document

Reserved On: 30.01.2025 vs The Directorate Of Medical Education & ... on 31 January, 2025

The Courts must realise their limitations and the havoc which needless interference in commercial matters can cause. In contracts involving technical issues, the courts should be even more reluctant because most of us in judges' robes do not have the necessary expertise to adjudicate upon technical issues beyond our domain. As laid down in the judgments [Ed. : The reference appears to be to Tata Cellular v. Union of India, (1994) 6 SCC 651; Raunaq International Ltd. v. I.V.R. Construction Ltd., (1999) 1 SCC 492; Air India Ltd. v. Cochin International Airport Ltd., (2000) 2 SCC 617; Ksidc Ltd. v. Cavalet India Ltd., (2005) 4 SCC 456; Master Marine Services (P) Ltd. v. Metcalfe & Hodgkinson (P) Ltd., (2005) 6 SCC 138; B.S.N. Joshi & Sons Ltd. v. Nair Coal Services Ltd., (2006) 11 SCC 548; Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517; Michigan Rubber (India) Ltd. v. State of Karnataka, (2012) 8 SCC 216; Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) 16 SCC 818; Montecarlo Ltd. v. NTPC Ltd., (2016) 15 SCC 272; Municipal Corpn., Ujjain v. BVG India Ltd., (2018) 5 SCC 462: (2018) 3 SCC (Civ) 291; Caretel Infotech Ltd. v. Hindustan Petroleum Corpn. Ltd., (2019) 14 SCC 81] cited above, the courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give "fair play in the joints"
Himachal Pradesh High Court Cites 18 - Cited by 0 - Full Document
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