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1 - 10 of 23 (0.78 seconds)Section 1 in The Companies Act, 1956 [Entire Act]
Article 226 in Constitution of India [Constitution]
Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December, 1998
42. I have also considered the submissions on behalf of other respondents and also the cases of Tata Cellular v. Union of India (supra), Raunaq International Ltd. v. I.V.R. Construction Ltd. (supra), Monarch Infrastructure (P) Ltd. v. Commissioner (supra),
Nasiruddin v. State Transport Appellate Tribunal (supra), (All judgments of the Honourable Supreme Court) and also the judgment of the Division Bench of this Court of Larsen & Toubro Ltd. (supra).
Tata Cellular vs Union Of India on 26 July, 1994
42.3 The learned author thereafter considered the judgments of the Hon'ble Apex Court in the cases of R.D. Shetty v. International Airport Authority, AIR 1979 SC 1628, Kasturilal v. State of J. & K., AIR 1980 SC 1992, Tata Cellular (supra) and Sterling Computers Ltd. v. M. & N. Publications Ltd., AIR 1996 SC 51 and on page 483, of his book has observed as under:
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
42.3 The learned author thereafter considered the judgments of the Hon'ble Apex Court in the cases of R.D. Shetty v. International Airport Authority, AIR 1979 SC 1628, Kasturilal v. State of J. & K., AIR 1980 SC 1992, Tata Cellular (supra) and Sterling Computers Ltd. v. M. & N. Publications Ltd., AIR 1996 SC 51 and on page 483, of his book has observed as under:
Monarch Infrastructure (P) Ltd vs Commissioner Ulhasnagar Municipal ... on 8 May, 2000
42. I have also considered the submissions on behalf of other respondents and also the cases of Tata Cellular v. Union of India (supra), Raunaq International Ltd. v. I.V.R. Construction Ltd. (supra), Monarch Infrastructure (P) Ltd. v. Commissioner (supra),
Nasiruddin v. State Transport Appellate Tribunal (supra), (All judgments of the Honourable Supreme Court) and also the judgment of the Division Bench of this Court of Larsen & Toubro Ltd. (supra).
Ramniklal N. Bhutta & Anr vs State Of Maharashtra & Ors on 19 November, 1996
Collector, Central Excise v. Dunlop India Ltd., 1985(1) SCC 260, Tata Cellular v. Union of India, 1994(6) SCC 651, Ramniklal N. Bhutta v. State of Maharashtra, 1997( 1) SCC 134 and Raunaq International Ltd. v. I. V. R. Construction Ltd., 1999( 1)
SCC 492. The award of a contract, whether it is by a private or by a public body or the State, is essentially a commercial transaction. In arriving at a commercial decision considerations which are of paramount and commercial considerations. The State can choose its own method to arrive at a decision. It can fix its own terms of invitation to tender and that is not open to judicial scrutiny. It can enter into negotiations before finally deciding to accept one of the offers made to it. Price need not always be the sole criterion for awarding a contract. It is free to grant any relaxation, for bona fide reasons, if the tender conditions permit such a relaxation. It may not accept the offer even though it happens to be the highest or the lowest. But the State, its corporations, instrumentalities and agencies are bound to adhere to the norms, standards and procedures laid down by them and cannot depart from them arbitrarily. Though that decision is not amenable to judicial review, the Court can examine the decision making process and interfere if it is found vitiated by mala fides, unreasonableness and arbitrariness. The State, its corporations, instrumentalities and agencies have the public duty to be fair to all concerned. Even when some defect is found in the decision making process the Court must exercise its discretionary power under Article 226 with great caution and should exercise it only in furtherance of public interest and not merely on the making out of a legal point. The Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not. Only when it comes to a conclusion that overwhelming public interest requires interference, the Court should intervene."
Union Of India And Ors vs Hindustan Development Corpn. And Ors on 15 April, 1993
41. He has also relied upon Para 14 of the said judgment where the word 'cartel' has been considered. He has also referred to para of the said judgment where the Hon'ble Apex Court has observed as under: