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Documents citing Netai Bag & Ors vs The State Of West Bengal & Ors on 27 September, 2000

Union Of India vs Shankar Lal Soni & Anr on 8 December, 2009

In Netai Bag v. State of W.B.1 this Court held as under in para 20 of the Report: (SCC p. 275) "20 The Government is entitled to make pragmatic adjustment and policy decision which may be necessary or called for under the prevalent peculiar circumstances. The court cannot strike down a policy decision taken by the Government merely because it feels that another decision would have been fairer or wiser or more scientific or logical.
Supreme Court of India Cites 6 - Cited by 16 - H S Bedi - Full Document

United Labour Federation vs Union Of India Represented By Its ... on 13 November, 2001

(f) In Netai Bag v. State Of West Bengal, it was held that facts, which are not pleaded at the first instance, cannot be raised later. It was also held that though the tender or public auction is desirable, yet when such procedure was not followed, arbitrariness can not be presumed in all cases. It was also held that non floating of tenders or not holding of public auction would not in all cases be deemed to be the result of exercise of the executive power in an arbitrary manner and making an exception to the general Rule could be justified by the State executive if challenged in appropriate proceedings and that the Constitutional Courts cannot be expected to presume the alleged irregularities, illegalities or unconstitutionally nor the Courts can substitute their opinion for the bona fide opinion of the State executive. It was held by the Supreme Court emphatically that the Courts are not concerned with the ultimate decision but only with the fairness of the decision making process and that the Government is entitled to make pragmatic adjustments and policy decision which may be necessary or called for under the prevalent peculiar circumstances. It was also held by the Supreme Court that the Court cannot strike down a policy decision taken by the Government merely because it feels that another decision would have been fairer or wiser or more scientific or more logical and that the policy decision can be interfered with by the Court only if such decision is shown to be patently arbitrary, discriminatory or mala fide.
Madras High Court Cites 29 - Cited by 2 - Full Document

Prabhat Mohan Pandey S/O Shri Mohan ... vs Union Of India Through Secretary ... on 22 February, 2022

Extraction & Anr. v. State of M.P. & Ors., [(1997) 7 SCC 592], Netai Bag & Ors. v. State of West Bengal & Ors., (2000) 8 SCC 262 and Villianur Iyarkkai Padukappu Maiyam v. Union of India & Ors., (2009) 7 SCC 561, which we have briefly noted above, and it was held that there is no constitutional mandate in favour of auction under Article 14. In the main judgment (paras 129 to 131, pg. 92), the Constitution Bench stated as under:
National Green Tribunal Cites 44 - Cited by 7 - A K Goel - Full Document

Anuj Singh vs State Of Uttar Pradesh on 19 July, 2023

Extraction & Anr. v. State of M.P. & Ors., [(1997) 7 SCC 592], Netai Bag & Ors. v. State of West Bengal & Ors., (2000) 8 SCC 262 and Villianur Iyarkkai Padukappu Maiyam v. Union of India & Ors., (2009) 7 SCC 561, which we have briefly noted above, and it was held that there is no constitutional mandate in favour of auction under Article 14. In the main judgment (paras 129 to 131, pg. 92), the Constitution Bench stated as under:
National Green Tribunal Cites 33 - Cited by 0 - Full Document

Jagdish Meena vs State Of Rajasthan on 26 April, 2022

94. The Constitution Bench while dealing with the aspect of disposal of natural resources other than auction, divided the consideration of this aspect under two heads, viz., "Legitimate deviations from auction" and "Potential of abuse". Under the head "Legitimate deviations from auction" the Court considered the earlier decisions of this Court in Kasturi Lal Lakshmi Reddy & Ors. v. State of J&K & Anr., (1980) 4 SCC 1, Sachidanand Pandey & Anr. v. State of West Bengal & Ors., (1987) 2 SCC 295, Haji T.M. Hassan Rawther v. Kerala Financial Corporation, (1988) 1 SCC 166, M.P. Oil Extraction & Anr. v. State of M.P. & Ors., [(1997) 7 SCC 592], Netai Bag & Ors. v. State of West Bengal & Ors., (2000) 8 SCC 262 and Villianur Iyarkkai Padukappu Maiyam v. Union of India & Ors., (2009) 7 SCC 561, which we have briefly noted above, and it was held that there is no constitutional mandate in favour of auction under Article 14. In the main judgment (paras 129 to 131, pg. 92), the Constitution Bench stated as under:
National Green Tribunal Cites 41 - Cited by 0 - Full Document

Divya Goswami vs State Of U.P. And 3 Others on 3 November, 2020

18. Learned Additional Advocate General has further relied upon various judgments like M.P. Oil Extraction and another Vs. State of U.P. and others Civil Appeal No. 4313 of 1997; Neti Bag and others Vs. State of U.P. and others in Civil Appeal No. 5447 of 2000; Ram Singh Vijay Pal Singh and others Vs. State of U.P. and others in Civil Appeal No. 2300 of 2007; Union of India Vs. Shankar Lal Soni and another in Civil Appeal No. 4578 of 2006 and order of this Court in the case of Ehasn Khalid Vs. Union of India through Secretary being Writ Petition No. 429 of 2013.
Allahabad High Court Cites 26 - Cited by 71 - A Kumar - Full Document

M/S.Magna Electro Castings Ltd vs The State Of Tamil Nadu on 23 August, 2005

In Netai Bag v. State of W.B (supra), the Court referred to and relied upon its earlier judgments in State of Madhya Pradesh vs. Nandlal Jaiswal, AIR 1987 SC 251 and Sachidanand Pandey vs. State of West Bengal, AIR 1987 SC 1109, wherein the Court held that judicial interference with policy decision is permissible only if the decision is shown to be patently arbitrary, discriminatory or mala fide.
Madras High Court Cites 45 - Cited by 2 - Full Document

Dr Brijmohan Sapoot Kala Sanskriti Sewa ... vs State Of Rajasthan on 30 September, 2024

and "Potential of abuse". Under the head "Legitimate deviations from auction" the Court considered the earlier decisions of this Court in Kasturi Lal Lakshmi Reddy & Ors. v. State of J&K & Anr., (1980) 4 SCC 1, Sachidanand Pandey & Anr. v. State of West Bengal & Ors., (1987) 2 SCC 295, Haji T.M. Hassan Rawther v. Kerala Financial Corporation, (1988) 1 SCC 166, M.P. Oil Extraction & Anr. v. State of M.P. & Ors., [(1997) 7 SCC 592], Netai Bag & Ors. v. State of West Bengal & Ors., (2000) 8 SCC 262 and Villianur Iyarkkai Padukappu Maiyam v. Union of India & Ors., (2009) 7 SCC 561, which we have briefly noted above, and it was held that there is no constitutional mandate in favour of auction under Article 14. In the main judgment (paras 129 to 131, pg. 92), the Constitution Bench stated as under:
National Green Tribunal Cites 50 - Cited by 0 - Full Document
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