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M/S Rajhara Engineering Works Sahkari ... vs Steel Aurhority Of India Limited on 26 November, 2024 cites

Tata Cellular vs Union Of India on 26 July, 1994

"70. It cannot be denied that the principles of judicial review would apply to the exercise of contractual powers by Government bodies in order to prevent arbitrariness or favoritism. However, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. Government is the guardian of the finances of the State. It is expected to protect the financial interest of the State. The right to refuse the lowest or any other tender is always available to the Government. But, the principles laid down in Article 14 of the Constitution have to be kept in view while accepting or refusing a tender. There can be no question of infringement of Article 14 if the Government tries to get the best person or the best quotation. The right to choose cannot be considered to be an arbitrary power. Of course, if the said power is exercised for any collateral purpose the exercise of that power will be struck down".
Supreme Court of India Cites 33 - Cited by 3275 - S Mohan - Full Document

R. Pandian And Anothera. Deivendran Son ... vs State Of Tamil Naduthrough The ... on 21 October, 1997

As a matter of fact, in R. v. Secretary of State for the Home Department, ex Brind28, Lord Diplock refers specifically to one development, namely, the possible recognition of the principle of proportionality. In all these cases the test to be adopted is that the court should, "consider whether something has gone wrong of a nature and degree which requires its intervention".
Supreme Court of India Cites 44 - Cited by 674 - G N Ray - Full Document

The Silppi Constructions Contractors vs Union Of India on 21 June, 2019

"20. The essence of the law laid down in the judgments referred to above is the exercise of restraint and caution, the need for overwhelming public interest to justify judicial intervention in matters of contract involving the state instrumentalities, the courts should give way to the opinion of the experts unless the decision is totally arbitrary or unreasonable; the court does not sit like a court of appeal over the appropriate authority; the court must realise that the authority floating the tender is the best judge of its Court of requirements and, therefore, the court's interference should be minimal. The authority which floats the contract or tender, and has authored the tender documents is the best judge as to how the documents have to be interpreted. If two interpretations are possible then the interpretation of the author must be accepted. The courts will only interfere to prevent arbitrariness, irrationality, bias, mala fides or perversity......"
Supreme Court of India Cites 15 - Cited by 312 - D Gupta - Full Document
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