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1 - 6 of 6 (1.23 seconds)Article 226 in Constitution of India [Constitution]
Nagar Nigam, Meerut .. Appellant vs Al Faheem Meat Exports Pvt. Ltd & Ors. .. ... on 7 December, 2006
25. The legal principle that it is necessary to maintain
transparency in grant of public contracts is well established.
Noticing the judgment in the case of Nagar Nigam Vs. Al
Farheem Meat Exports (P) Ltd.1 the Hon'ble Supreme Court
1 2006 13 SCC 382
This judgment is corrected as per speaking to the minutes of order dated 3 rd July 2024.
M/S Indian Medicines Pharmaceutical ... vs Kerala Ayurvedic Co Operative Society ... on 3 January, 2023
The principle of non-
arbitrariness even in contractual matters has been highlighted by
the Hon'ble Supreme Court in various judgments including
Indian Medicines Pharmaceuticals Corporation (supra) for
the reason that the State or its instrumentality by resorting to
transparent process of conducting public auctions or inviting
tenders are able to ensure that procurement can be made fairly
and further that the allocation is through a transparent process.
National Highways Authority Of India ... vs M/S Gwalior Jhansi Expressway Limited ... on 13 July, 2018
In National Highways Authority of India Vs. Gwalior-
Jhansi Expressway Ltd.3, the Hon'ble Supreme court has
clearly held that "the objective of tender process is not only
to adhere to a transparent mechanism but to encourage
competition and give equal opportunity to all tenderers
with the end result of getting a fair offer or value for
money." Accordingly, in a tender process, if the tendering
authority fails to adhere to a transparent mechanism, such an
action on the part of the State or its instrumentality can be
subjected to judicial review and if the tender process adopted is
2 2023 SCC OnLine SC 5
3 (2018) 8 SCC 243
This judgment is corrected as per speaking to the minutes of order dated 3 rd July 2024.
Ram And Shyam Company vs State Of Haryana And Ors on 8 May, 1985
In a widely celebrated judgment on the subject of
distribution of State largesse, the Hon'ble Supreme Court, in the
case of Ram and Shyam Company Vs. State of Haryana &
Ors. (1985) 3 SCC 267, has propounded the legal proposition
that even in administrative action relating to distribution of State
largesse by the State or State instrumentality the authority must
act fairly which means in accordance with the principle of natural
justice variously described as fair play in action.
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