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Simplex-Aanav Jv Through Manish ... vs South Delhi Municipal Corporation ... on 20 November, 2018
cites
M/S Michigan Rubber(I) Ltd vs State Of Karnataka & Ors on 17 August, 2012
In Michigan Rubber (India) Ltd. v. State of Karnataka, (2012)
8 SCC 216, where the Supreme Court, after reviewing a number of its
previous decisions, noted as follows:
Afcons Infrastructure Ltd vs Nagpur Metro Rail Corporation Ltd. & Anr on 15 September, 2016
14. Afcons Infrastructure Ltd. Vs. Nagpur Metro Rail Corporation Ltd.
&Anr2016 (16) SCC 818 too is clear on this aspect; it instructs that courts
W.P.(C) 12018/2018 Page 8 of 11
are to defer to executive decisions, largely unless manifest mala fides or
procedural irregularity or illegality is established.
Montecarlo Ltd vs Ntpc Ltd on 18 October, 2016
Similarly, the Supreme
Court, in Montecarlo Ltd v National Thermal Power Corporation Ltd 2016
(15) SCC 272stated that:
Jsw Infrastructure Limited And Anr vs Kakinada Seaports Limited And Ors on 1 March, 2017
In JSW Infrastructure Ltd v Kakinada Seaports Ltd 2017 (4) SCC
170 and Central Coalfields Ltd v SLL-SML (JV Consortium) 2016 (8) SCC
622, similarly, it was held that tender documents and stipulations are to be
construed in the context of their background and that no condition is to be
treated as redundant or superfluous.
Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016
In JSW Infrastructure Ltd v Kakinada Seaports Ltd 2017 (4) SCC
170 and Central Coalfields Ltd v SLL-SML (JV Consortium) 2016 (8) SCC
622, similarly, it was held that tender documents and stipulations are to be
construed in the context of their background and that no condition is to be
treated as redundant or superfluous.
Municipal Corporation vs Bvg India Limited on 27 March, 2018
Most recently in Municipal
Corporation Ujjain v BVG Ltd & Ors 2018 SCC Online 278, the court
emphasized the general "off limits" nature of writ jurisdiction, and stressed
the need to defer to executive decision makers, in the following words:
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
In this connection, it is useful to recount that whereas all citizens and
those associating to form commercial entities, have the right to carry on any
trade, business or profession, what does not flow from that fundamental
freedom is the right to operate profitably as it is not integral to that freedom
(See Maneka Gandhi v. Union of India [1978] 2 SCR 621and Dharam Dutt
v. Union of India, (2004) 1 SCC 712).
Dharam Dutt & Ors vs Union Of India & Ors on 24 November, 2003
In this connection, it is useful to recount that whereas all citizens and
those associating to form commercial entities, have the right to carry on any
trade, business or profession, what does not flow from that fundamental
freedom is the right to operate profitably as it is not integral to that freedom
(See Maneka Gandhi v. Union of India [1978] 2 SCR 621and Dharam Dutt
v. Union of India, (2004) 1 SCC 712).