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1 - 10 of 10 (0.22 seconds)Air India Ltd. vs Cochin International Airport Ltd. on 31 January, 2000
In Air India Ltd. V. Cochin
International Airport Ltd. there was a further
-9-
reiteration of the said principle in the
following terms: (SCC pp.623-24, para 7)
"7.
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
The law relating to award of a
contract by the State, its corporations and
bodies acting as instrumentalities and
agencies of the Government has been settled
by the decision of this Court in Ramana
Dayaram Shetty v. International Airport
Authority of India, Fertilizer Corpn. Kamgar
Union v. Union of India, CCE v. Dunlop
India Ltd., Tata Cellular v. Union of India,
Ramniklala N. Bhutta v. State of
Maharashtra and Raunaq International Ltd.
v. I.V.R Construction Ltd. The award of a
contract, whether it is by a private party or
by a public body or the State, is essentially a
commercial transaction. In arriving at a
commercial decision considerations which
are paramount are 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.
Fertilizer Corporation Kamgar Union ... vs Union Of India And Others on 13 November, 1980
The law relating to award of a
contract by the State, its corporations and
bodies acting as instrumentalities and
agencies of the Government has been settled
by the decision of this Court in Ramana
Dayaram Shetty v. International Airport
Authority of India, Fertilizer Corpn. Kamgar
Union v. Union of India, CCE v. Dunlop
India Ltd., Tata Cellular v. Union of India,
Ramniklala N. Bhutta v. State of
Maharashtra and Raunaq International Ltd.
v. I.V.R Construction Ltd. The award of a
contract, whether it is by a private party or
by a public body or the State, is essentially a
commercial transaction. In arriving at a
commercial decision considerations which
are paramount are 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.
Commissioner Of Central Excise, ... vs Dunlop India Limited on 12 September, 2001
The law relating to award of a
contract by the State, its corporations and
bodies acting as instrumentalities and
agencies of the Government has been settled
by the decision of this Court in Ramana
Dayaram Shetty v. International Airport
Authority of India, Fertilizer Corpn. Kamgar
Union v. Union of India, CCE v. Dunlop
India Ltd., Tata Cellular v. Union of India,
Ramniklala N. Bhutta v. State of
Maharashtra and Raunaq International Ltd.
v. I.V.R Construction Ltd. The award of a
contract, whether it is by a private party or
by a public body or the State, is essentially a
commercial transaction. In arriving at a
commercial decision considerations which
are paramount are 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.
Tata Cellular vs Union Of India on 26 July, 1994
The law relating to award of a
contract by the State, its corporations and
bodies acting as instrumentalities and
agencies of the Government has been settled
by the decision of this Court in Ramana
Dayaram Shetty v. International Airport
Authority of India, Fertilizer Corpn. Kamgar
Union v. Union of India, CCE v. Dunlop
India Ltd., Tata Cellular v. Union of India,
Ramniklala N. Bhutta v. State of
Maharashtra and Raunaq International Ltd.
v. I.V.R Construction Ltd. The award of a
contract, whether it is by a private party or
by a public body or the State, is essentially a
commercial transaction. In arriving at a
commercial decision considerations which
are paramount are 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.
Ramniklal N. Bhutta & Anr vs State Of Maharashtra & Ors on 19 November, 1996
The law relating to award of a
contract by the State, its corporations and
bodies acting as instrumentalities and
agencies of the Government has been settled
by the decision of this Court in Ramana
Dayaram Shetty v. International Airport
Authority of India, Fertilizer Corpn. Kamgar
Union v. Union of India, CCE v. Dunlop
India Ltd., Tata Cellular v. Union of India,
Ramniklala N. Bhutta v. State of
Maharashtra and Raunaq International Ltd.
v. I.V.R Construction Ltd. The award of a
contract, whether it is by a private party or
by a public body or the State, is essentially a
commercial transaction. In arriving at a
commercial decision considerations which
are paramount are 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.
Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December, 1998
The law relating to award of a
contract by the State, its corporations and
bodies acting as instrumentalities and
agencies of the Government has been settled
by the decision of this Court in Ramana
Dayaram Shetty v. International Airport
Authority of India, Fertilizer Corpn. Kamgar
Union v. Union of India, CCE v. Dunlop
India Ltd., Tata Cellular v. Union of India,
Ramniklala N. Bhutta v. State of
Maharashtra and Raunaq International Ltd.
v. I.V.R Construction Ltd. The award of a
contract, whether it is by a private party or
by a public body or the State, is essentially a
commercial transaction. In arriving at a
commercial decision considerations which
are paramount are 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.
Sanjay Kumar Shukla vs M/S Bharat Petroleum Corp.Ltd.& Ors on 7 February, 2014
11. The learned Counsel for the petitioner
countered the 2nd respondent's counsel contention with
reference to Sanjay Kumar Shukla's case cited (supra)
decision with reference to para -9. He has also pointed
out para 20.
Article 227 in Constitution of India [Constitution]
1