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1 - 10 of 17 (0.31 seconds)The Petroleum Act, 1934
Jagdish Mandal vs State Of Orissa & Ors on 11 December, 2006
17. The impugned tender notification is under
challenge on the ground that the other companies have
quoted a lesser benchmark rates compared to the price
fixed by the respondent/Corporation while issuing the
impugned tender notification. On perusal of the grounds
urged in both the petitions, I am more than satisfied that
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no valid grounds are made out which would invite judicial
review at the hands of this Court. The Apex Court in the
case of Jagadish Mandal vs. State of Orissa (supra)
cited by the learned counsel appearing for the
respondent/Corporation is squarely applicable to the
present case on hand.
Tata Cellular vs Union Of India on 26 July, 1994
11. Placing reliance on the judgment rendered in
the case of Tata Cellular vs. Union of India (supra), he
would point out that the Apex Court has held that the
Courts cannot interfere with the Governments freedom of
contract, invitation to tender and refusal of any tender
which pertain to policy matter unless a foundation is laid
that decision/action is vitiated by arbitrariness, unfairness.
Article 227 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Sri. Lakshmikanth Raju vs Union Of India on 29 August, 2016
8. Learned counsel appearing for the petitioner in
W.P.No.103396/2023 has vehemently argued and
contended that judgment relied by the
respondent/Corporation are not at all applicable to the
present case on hand. She would point out that the ratio
laid down by the Apex Court in the case of Lakshmikanth
Raju and Others vs. Union of India and Another5 is
not at all applicable as the facts are totally different. On
the contrary, learned counsel for the petitioner would
contend that the petitioner is in fact relying on notification
issued by the State Government as per Annexure-B. She
would point out that the respondent/Corporation has not
made any attempt to seek clarification from the State.
National High Speed Rail Corporation ... vs Montecarlo Limited on 31 January, 2022
10. Placing reliance on the judgment rendered by
the Apex Court in the case of National High Speed Rail
Corporation Limited (supra), he would contend that the
Government and its State instrumentalities have freedom
of contract. Any interference in tender matters may lead
to heavy administrative burden on the administration and
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lead to increased and unbudgeted expenditure. He would
point out that the Apex Court in the said case held that
any interference at the hands of the Courts may seriously
impede the execution of the projects of public importance
and displace the Corporation from discharging the legal
obligation towards the citizen. He would point out that in
both the petitions, the petitioners have not made out any
arbitrariness which would seriously prejudice the rights of
the petitioners. He would also point out that the grounds
urged do not indicate that the impugned notification is
actuated by malafides.
Directorate Of Education & Ors vs Educomp Datamatics Ltd. & Ors on 10 March, 2004
3) Directorate of Education & Others vs. Educomp
Datamatics Limited - AIR 2004 SC 1962;
Meerut Devt.Authority vs Association Of Management Studies & Anr on 17 April, 2009
5) Meerut Development Authority vs. Association of
Management Studies - (2009) 6 SCC 171;