Supreme Court of India Judgements

46635 Judgements hosted as on 02/10/2024 - Search (FREE), Subscribe, Read & Download

Category: Tenders & Contracts

Tenders & Contracts

Power Purchase Agreement (PPA) — PPA between Bangalore Electricity Supply Company Limited, and the Hirehalli Solar Power Project LLP — The respondent sought an extension of the scheduled commissioning date (SCD) under the force majeure clause of the PPA due to delays in obtaining necessary approvals and licenses —The Karnataka Electricity Regulatory Commission (KERC) rejected the force majeure claim, but the Appellate Tribunal for Electricity (APTEL) reversed the decision, finding that the delay was not attributable to the respondent and that the force majeure clause was applicable — The Supreme Court agreed with the APTEL’s findings and dismissed the appeals — The court also rejected the appellant’s contention that the APTEL’s direction to pay late payment surcharge to the respondent was unjustified, as it was rooted in the PPA and in furtherance of the intention of the parties.

Aug 29, 2024 sclaw

2024 INSC 631 SUPREME COURT OF INDIA DIVISION BENCH BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED — Appellant Vs. HIREHALLI SOLAR POWER PROJECT LLP AND OTHERS — Respondent ( Before : Pamidighantam…

National Highways Authority Act Tenders & Contracts

National Highways Act, 1956 — National Highways Fee (Determination of Rates and Collection) Rules, 2008 — The Court concluded that it would be impossible to return the collected toll/fee to the road users, and any order modifying the interim order would be detrimental and harmful to the road users as additional amounts would have to be collected to make up for the cost of the highway — Therefore, the Court allowed the present appeal and set aside the judgment of the High Court — The Court also directed that the amount lying deposited in the nationalized bank along with interest may now be utilized by NHAI and would be treated as toll/fee collected from the users, and it would be accounted towards the actual cost to be recovered.

Aug 18, 2024 sclaw

2024 INSC 556 SUPREME COURT OF INDIA FULL BENCH CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA AND ANOTHER — Appellant Vs. ARVIND KUMAR THAKUR AND ANOTHER — Respondent ( Before :…

Tenders & Contracts

Contractual Dispute — Dispute over a contract for displaying advertisements on street hoardings — The main issue is whether the debarment of the appellant for five years by the Corporation was valid and justified — The appellant argued that the Corporation could only impose a penalty for late payments, not blacklisting, and that the blacklisting was disproportionate and unfair — The Corporation defended the blacklisting, citing the appellant’s failure to fulfill contractual obligations and non-payment of dues — The Supreme Court set aside the Division Bench’s judgment and restored the Single Judge’s decision, ruling that the blacklisting was disproportionate — The Court found that the appellant had a bona fide dispute with the Corporation and that the blacklisting was a disproportionate penalty — The Court emphasized that blacklisting is a drastic remedy and should only be used in cases involving harm to public interest — The Supreme Court allowed the appeal, setting aside the blacklisting order and restoring the Single Judge’s judgment.

Aug 13, 2024 sclaw

2024 INSC 589 SUPREME COURT OF INDIA DIVISION BENCH THE BLUE DREAMZ ADVERTISING PVT. LTD. AND ANOTHER — Appellant Vs. KOLKATA MUNICIPAL CORPORATION AND OTHERS — Respondent ( Before :…

Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw

2024 INSC 520 SUPREME COURT OF INDIA DIVISION BENCH M/S OMSAIRAM STEELS & ALLOYS PVT. LTD. — Appellant Vs. DIRECTOR OF MINES AND GEOLOGY, BBSR AND OTHERS — Respondent (…

Constitution Tenders & Contracts

The Supreme Court set aside the Division Bench’s order, restored the Single Judge’s order, and allowed the appeal, emphasizing the principles of delay and latches in judicial proceedings – The Court reasoned that the writ petitioner’s delay in asserting rights and acquiescence to the Corporation’s actions warranted dismissal of the writ petition – The Court cited precedents stating that delay defeats equity and that the High Court may refuse to exercise its extraordinary powers if there is negligence or omission on the part of the applicant – The appeal was allowed, and the writ petition was dismissed on the grounds of delay and latches, with no order as to costs.

Apr 27, 2024 sclaw

2024 INSC 314 SUPREME COURT OF INDIA DIVISION BENCH MRINMOY MAITY — Appellant Vs. CHHANDA KOLEY AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Aravind Kumar, JJ.…

Mining Tenders & Contracts

Mineral (Auction) Rules, 2015 (as amended by Mineral (Auction) Amendment Rules, 2017) – Rule 9(10), Rule 9(11) and Rule 9(12) – The State Government is expected to be aware of the commercial worth of the natural resources being tendered or auctioned, as well as their potential future earning capacity – Consequently, the statutory regulations outline a bid cum e-auction process that involves not only shortlisting technically qualified bidders but also evaluating specific bids to ensure they meet eligibility criteria for participation in the e-auction – The rules incorporate various safeguards to guarantee transparency and objectivity throughout the bidding process.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF JHARKHAND — Appellant Vs. SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD. AND OTHERS — Respondent ( Before : S.V.N. Bhatti and Sanjiv Khanna,…

Tenders & Contracts

Interpretation of Contract – A commercial document cannot be interpreted in a manner that is at odds with the original purpose and intendment of the parties to the document – A deviation from the plain terms of the contract is warranted only when it serves business efficacy better.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED — Appellant Vs. RATNAGIRI GAS AND POWER PRIVATE LIMITED AND OTHERS — Respondent ( Before : Dr Dhananjaya…

Tenders & Contracts

Work Agreement – Payments and Advances – Payment has to be made in the foreign currency only along with computed interest – It would be open for the parties to pay and the other parties claiming to accept the Indian currency either at the current rate or at the agreed rate but this Court cannot meddle with the terms of the agreement or the award or the directions contained in the judgment of this Court dated 24.02.2015.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED — Appellant Vs. ROYAL CONSTRUCTION COMPANY PRIVATE LTD. — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ.…

Tenders & Contracts

Powers of judicial review in contractual or commercial matters – – Courts will not interfere by exercising powers of judicial review even if a procedural aberration or error in assessment or prejudice to a tenderer, is made out – Power of judicial review will not be invoked to protect private interest at the cost of public interest, or to decide contractual disputes.

Jun 11, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH TATA MOTORS LIMITED — Appellant Vs. THE BRIHAN MUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING (BEST) AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

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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
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
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
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