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Tata Cellular vs Union Of India on 26 July, 1994 cites

Sterling Computers Limited Etc vs M & N Publications Limited And Ors on 12 January, 1993

The Supreme Court in appeal Sterling Computers Limited v. M&N Publications Limited5 against the judgment also did not appear to have made any strictures. There was nothing on the record of the respondents to suggest that any CBI enquiry was pending against this company. There was no FIR and no preliminary report adverse to the company and we feel the ghost of CBI has been unnecessarily brought into play. The company appears to have been punished for no sin of its. However, since the company has not complained we will leave the matter at that.', It is submitted by Mr Parasaran that as on the date of the judgment no inquiry was pending. It was only after 10-6- 1993 an FIR was filed by CBI when the High Court of Madras was approached for quashing the FIR under Section 482 CrPC. An order by consent was passed. CBI was allowed to 718 proceed with the investigation and complete the same within one year. It was also ordered that there would be no arrest or harassment. Therefore, as on the date of selection there was no adverse report against Sterling Computers.
Supreme Court of India Cites 11 - Cited by 386 - N P Singh - Full Document

G.B. Mahajan And Ors vs Jalgaon Municipal Council And Ors on 13 September, 1990

47. It is submitted that the reasonableness in administrative law means to distinguish between proper use or improper use of power. The test is not the court's own standard of reasonableness. This Court has reiterated this proposition in G.B. Mahajan v. Jalgaon Municipal Council12. There is a possibility of fallibility inherent in all fact- findings. To insist upon a strict compliance with each and every tender document is not the law. This Court upheld the waiver of technical, literal compliance of the tender conditions in Poddar Steel Corn. v. Ganesh Engineering Works 1 3. In the present case, the short-listing at the first stage, the allotment of cities at the second stage and the selection of franchisees qua cities at the third stage were after evaluating the financial bid by a collectivity of persons at different level. Therefore, possibility of elimination of arbitrariness is conceived in the system itself. Further, the High Court has analysed properly and come to the proper conclusion. That being so, this Court will not interfere by exercising its powers under Article 136 of the Constitution of India. The argument about hidden criteria would not affect or benefit this respondent directly or indirectly. Even otherwise, the hidden criteria cannot be impugned. There is no mention of any particular criterion on the basis of which the selection was to be made. At the second stage what was required to be kept in mind were the parameters mentioned in paragraph 2.4. The criteria for selection to each of the four cities had to be provided inter alia because the tenderer did not tender for one city alone but for more than one. The allegation of bias on the 12 (1991) 3 SCC 91 (para 43-46) 13 (1991) 3 SCC 273 671 part of Mr Nair is without substance. It is submitted, whenever disqualification on the ground of personal involvement is alleged :
Supreme Court of India Cites 3 - Cited by 371 - N D Ojha - Full Document

Charan Lal Sahu Etc. Etc vs Union Of India And Ors on 22 December, 1989

This is what is stated in the financial bid. Therefore, Mr B.R. Nair could not dissociate himself from the decision-making process. It is under these circumstances the High Court rightly applied the doctrine of necessity. This Court in Charan Lal Sahu v. Union of India16 dealt with this doctrine which is stated as follows : (SCC p. 694, para 105) "The question whether there is scope for the Union of India being responsible or liable as joint tort-feasor is a difficult and different question. But even assuming that it was possible that the Central Government might be liable in a case of this nature, the learned Attorney 701 General was right in contending that it was only proper that the Central Government should be able and authorised to represent the victims. In such a situation, there will be no scope of the violation of the principles of natural justice. The doctrine of necessity would be applicable in a situation of this nature. The doctrine has been elaborated, in Halsbury's Laws of England, 4th Edn., p. 89, paragraph 73, where it was reiterated that even if all the members of the Tribunal competent to determine a matter were subject to disqualification, they might be authorised and obliged to hear that matter by virtue of the operation of the common law doctrine of necessity. An adjudicator who is subject to disqualification on the ground of bias or interest in the matter which he has to decide may in certain circumstances be required to adjudicate if there is no other person who is competent or authorised to be adjudicator or if a quorum cannot be formed without him or if no other competent tribunal can be constituted."
Supreme Court of India Cites 99 - Cited by 290 - S Mukharji - Full Document

Poddar Steel Corporation vs Ganesh Engineering Works And Others on 6 May, 1991

In Poddar Steel Corpn. v. Ganesh Engineering Works13 this Court observed : (SCC p. 276, para 6) "As a matter of general proposition it cannot be held that an authority inviting tenders is bound to give effect to every term mentioned in the notice in meticulous detail, and is not entitled to waive even a technical irregularity of little or no significance. The requirements in a tender notice can be classified into two categories those which lay down the essential conditions of eligibility and the others which are merely ancillary or subsidiary with the main object to be achieved by the condition. In the first case the authority issuing the tender may be required to enforce them rigidly. In the other cases it must be open to the authority to deviate from and not to insist upon the strict literal compliance of the condition in appropriate cases."
Supreme Court of India Cites 6 - Cited by 325 - L M Sharma - Full Document
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