Supreme Court of India Judgements

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Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS). The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly. Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer. Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process. Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.
Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw
Service

The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

Oct 9, 2024 sclaw
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).
Cr P C I P C
Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).
The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.
Service
The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.
Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer.
Direct Taxation Income Tax
Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer.
Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process.
Tenders & Contracts
Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process.
Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw

2024 INSC 750 SUPREME COURT OF INDIA DIVISION BENCH K. BHARTHI DEVI AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND ANOTHER — Respondent ( Before : B.R. Gavai and…

Service Matters
Service

The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

Oct 9, 2024 sclaw

2024 INSC 763 SUPREME COURT OF INDIA DIVISION BENCH SHASHI BHUSHAN PRASAD SINGH — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : Bela M. Trivedi…

Direct Taxation Income Tax

Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer.

Oct 9, 2024 sclaw

2024 INSC 760 SUPREME COURT OF INDIA DIVISION BENCH M/S. SHRIRAM INVESTMENTS — Appellant Vs. THE COMMISSIONER OF INCOME TAX III, CHENNAI — Respondent ( Before : Abhay S Oka…

Tenders & Contracts

Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process.

Oct 9, 2024 sclaw

2024 INSC 757 SUPREME COURT OF INDIA DIVISION BENCH BANSHIDHAR CONSTRUCTION PVT. LTD. — Appellant Vs. BHARAT COKING COAL LIMITED AND OTHERS — Respondent ( Before : Bela M. Trivedi…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw

2024 INSC 710 SUPREME COURT OF INDIA FULL BENCH AJAY MADHUSUDAN PATEL AND OTHERS — Appellant Vs. JYOTRINDRA S. PATEL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Advocates Act Constitution

In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there is any change in the name of the arguing Advocate, it shall be duty of the concerned Advocate-on-Record to inform the concerned Court Master in advance or at the time of hearing of the case. The concerned Officers/Court Masters shall act accordingly.

Oct 2, 2024 sclaw

2024 INSC 708 SUPREME COURT OF INDIA DIVISION BENCH BHAGWAN SINGH — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Bela M. Trivedi and Satish Chandra…

I P C

Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an irresistible inference of guilt — Under Section 12(2), the prosecution bears the burden of proving that the accused knowingly furnished false information or suppressed material information with the intent to secure a passport or travel document — The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court, and acquitted appellant of the offences alleged against her.

Oct 2, 2024 sclaw

2024 INSC 721 SUPREME COURT OF INDIA DIVISION BENCH YOGARANI — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Sanjay Kumar and Aravind Kumar, JJ.…

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw

2024 INSC 710 SUPREME COURT OF INDIA FULL BENCH AJAY MADHUSUDAN PATEL AND OTHERS — Appellant Vs. JYOTRINDRA S. PATEL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

State Laws

Maharashtra Cooperative Societies Act, 1960 — Section 91 and 102 — The appellant had an outstanding loan from a society (R) that was wound up — The Liquidator auctioned the society’s property to recover dues, but the appellant, despite objecting to the valuation and process, did not challenge it promptly — The property was sold to respondent no. 6 for Rs. 2,51,48,000/- — The High Court dismissed the appellant’s writ petition — The Supreme Court found procedural irregularities but held the appellant’s delay in challenging them estopped any further action. Considering the outstanding dues and undervaluation, the Court invoked Article 142 to direct respondent no. 6 to pay the appellant Rs. 1,05,98,710/- as full and final settlement. The remaining balance was to be disbursed to other creditors.

Oct 2, 2024 sclaw

2024 INSC 741 SUPREME COURT OF INDIA DIVISION BENCH THE AHMEDNAGAR DISTRICT CENTRAL COOPERATIVE BANK LTD — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before :…

Arbitration

Arbitration Act, 1996 — Sections 34 and 37 — Appellant supplied paddy — Respondent returned less rice — Dispute over shortfall — Appellate Court set aside arbitral award — Appellant argued award based on evidence — Respondent contended award was erroneous — Supreme Court restored award, emphasizing limited interference under Sections 34 & 37 — Appellate Court exceeded jurisdiction — Arbitral awards should not be interfered with unless violating public policy or fundamental principles — Appeal allowed, arbitral award restored — Respect for finality of arbitral awards.

Oct 2, 2024 sclaw

2024 INSC 742 SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CIVIL SUPPLIES CORPORATION LIMITED AND ANOTHER — Appellant Vs. M/S SANMAN RICE MILLS AND OTHERS — Respondent ( Before…

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Cr P C I P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings under Section 482 in Cases with Predominantly Civil Character — The court reiterated the principle that criminal cases with overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions, matrimonial relationships, or family disputes, should be quashed when the parties have resolved their entire disputes among themselves — This principle is applied in the present case, where the dispute involved a loan transaction between the accused persons and the bank, and the parties had settled the matter through the One Time Settlement (OTS).

Oct 9, 2024 sclaw
Service

The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

Oct 9, 2024 sclaw
Direct Taxation Income Tax

Income Tax Act, 1961 — Section 139(5) — Revised Income Tax Return — The appellant filed multiple revised returns for the assessment year 1989-90, which were not considered due to being barred by limitation —Whether the assessing officer can consider claims made in a revised return filed after the time limit prescribed by Section 139(5) of the Act — The appellant argued that the assessing officer should consider the claim for deduction of deferred revenue expenditure, even if the revised return was filed late —The respondent contended that the assessing officer has no jurisdiction to consider claims made in a time-barred revised return —The Supreme Court dismissed the appeal, upholding the High Court’s decision that the assessing officer cannot consider claims in a time-barred revised return —The Court emphasized that the assessing officer’s jurisdiction is limited by the time constraints set in Section 139(5) —The Court referred to previous judgments, including Wipro Finance Ltd. and Goetze (India) Ltd., to support its decision —The appeal was dismissed, affirming that claims in a time-barred revised return cannot be considered by the assessing officer.

Oct 9, 2024 sclaw
Tenders & Contracts

Coal Mining Bid — Rejection of — Eligibility criteria — Appellants challenged the rejection of its technical bid by Respondent-BCCL for a coal mining project, while the bid of Respondent No. 8 was accepted despite non-compliance with mandatory requirements —Whether BCCL was justified in rejecting the appellant’s bid and accepting the bid of Respondent No. 8, which did not meet the eligibility criteria — Appellant argues that the rejection was arbitrary and discriminatory — The appellant complied with all requirements, while Respondent No. 8 was allowed to submit missing documents later — BCCL argues that the appellant’s bid was non-compliant due to issues with the Power of Attorney — The Tender Committee could seek shortfall documents but not replace them —The Supreme Court found BCCL’s actions arbitrary and illegal, setting aside the rejection of the appellant’s bid and the acceptance of Respondent No. 8’s bid — The appellant’s Power of Attorney was valid and notarized before submission — BCCL’s acceptance of Respondent No. 8’s bid despite non-compliance was unjustified —Government bodies must act fairly and transparently in awarding contracts — The decision-making process must be free from arbitrariness and bias —The Supreme Court allowed the appeal, setting aside BCCL’s decision and any subsequent agreements, and directed BCCL to initiate a fresh tender process.

Oct 9, 2024 sclaw