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1 - 10 of 19 (0.28 seconds)The Bombay Public Trusts Act, 1950
Tata Cellular vs Union Of India on 26 July, 1994
In a
case of Tata Cellular Vs. Union of India (supra) the Apex
Court referred to the limitations relating to the scope of judicial
review of administrative decisions and exercise of powers in
awarding contracts.
Article 226 in Constitution of India [Constitution]
The Maharashtra Co-Operative Societies Act, 1960
The Societies Registration Act, 1860
Gupta Medical Store, Agra And Another vs State Of U.P. And Others on 4 May, 1998
IX) Ramesh Giri Prop. Goswami Medical Stores Vs. State of
UP and others of the Allahabad High Court decided on
29.01.1996 in C.M.W.P. No. 981 of 1994.
The Silppi Constructions Contractors vs Union Of India on 21 June, 2019
All these respondents possess the
necessary certificates. The learned counsel has taken us through
various documents to substantiate her contention about the
eligibility of these respondents. The learned advocate submits
that, this Court under Article 226 of the Constitution of India
would possess a limited jurisdiction to interfere in the tender
process. The learned counsel relies on the judgment of the Apex
Court in a case of The Silppi Constructions Contractors Vs.
The Union of India and another in Special Leave Petitin
(C) Nos. 13802-13805 of 2019 decided on 21.06.2019. The
learned counsel further submits that, the petitioners did not
fulfill the requisite criteria and as such this Court would not
entertain the petitions. The same yardstick is applied for all
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tenderers and the decision is arrived at in fair manner after
considering all the facts. The same would be non discriminatory.
This Court would not entertain the petitions.
Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016
11. The learned counsel for the petitioners further submit that,
though these tenderers do not have experience, nor are qualified
to sale the medicines, they are issued with the tender for JAK.
According to the learned counsel, in respect of one Yashwant
Bahuuddeshiy Sewabhavi Sanstha, Beed, its tender is
rejected only on the ground that, said institute did not possess
experience for sale of medicine, whereas respondents whose
tenders are accepted also did not possess the experience to sale
the medicine. The decision and action of the respondent No. 3 is
arbitrary. The learned advocates for petitioners rely on the
judgment of the Apex Court in a case of Central Coalfields
Limited and another Vs. SLL (Joint Venture Consortium)
and others reported in (2016) 8 SCC 622 and submit that, the
Courts should as far as possible avoid a construction which
would render the words used by the author of the document
meaningless. The terms in the tender cannot be defeated.
According to the learned counsel, the respondents are
misinterpreting Clause 4 of the minimum eligibility criteria.
Clause 4 does not permit those societies not possessing
qualification and experience to sale medicine to be eligible to
apply. The Non Governmental Organizations (for short
N.G.O's.) having experience to run clinic, hospital without
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possessing any license to sale medicine would not be eligible to
apply. According to the learned counsel the arbitrary action of
the respondent No. 3 would be open for judicial review.
State Of Rajasthan vs Sevanivatra Karamchari Hitkari Samiti on 3 January, 1995
The learned counsel
relies on the judgment of the Apex Court in a case of State of
Rajasthan Vs. Sevanivatra Karamchari Hitkari Samiti
reported in (1995) 2 SCC 117 and another judgment of the
Apex Court in a case of Sher Singh and others Vs. Union of
India reported in (1995) 6 SCC 515 so also another judgment
in a case of All India Ex-Emergency Commissioned Officers
and Short Commissioned Officers Welfare Assn. And
others vs. Union of India reported in (1995) Suppl.