Supreme Court of India Judgements

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Category: Tenders & Contracts

Tenders & Contracts

Government Contract and Tender – Government contracts involve expenditure out of the public exchequer – Since they involve payment out of the public exchequer, the moneys expended must not be spent arbitrarily – State does not have absolute discretion while spending public money – All government actions including government contracts awarded by the State must be tested on the touchstone of Article 14

Jan 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S INDIAN MEDICINES PHARMACEUTICALS CORPORATION LIMITED — Appellant Vs. KERALA AYURVEDIC CO OPERATIVE SOCIETY LIMITED AND OTHERS — Respondent ( Before : Dr. Dhananjaya…

Tenders & Contracts

Slump Sale Agreement – liability of the purchaser for the dues relating to activities and operations of the unit for the period anterior to 17.7.2010, could not therefore have been fastened on the appellant HELD that the liabilities for the transactions made prior to the sale agreement, are to be borne by the seller, U.P State Sugar Corporation .

Dec 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WAVE INDUSTRIES PVT. LTD. — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

Tenders & Contracts

HELD It is the duty of the Court, while interpreting the contract to decipher the true and correct meaning the parties intended and enforce the rights arising out of the contract – Officers administering the contract will not have any discretion whatsoever to admit or deny escalation after the conditions specified in a contract are satisfied.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH — Appellant Vs. M/S SEW CONSTRUCTION LIMITED AND OTHERS — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri…

Tenders & Contracts

HELD as the responsibility of loading and unloading of foodgrains from railway wagons is absent in the present contract. For this reason, the Corporation in the present contract has chosen not to include the power to recover demurrages and as such the expression “charges” cannot be interpreted to include demurrages.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA AND OTHERS — Appellant Vs. ABHIJIT PAUL — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha, JJ. )…

Tenders & Contracts

Section 67 of the Indian Contract Act, 1872 makes it clear that if any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal – Refusal of a contractor to continue to execute the work, unless the reciprocal promises are performed by the other party, cannot be termed as abandonment of contract

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRIPATI LAKHU MANE — Appellant Vs. THE MEMBER SECRETARY, MAHARASHTRA WATER SUPPLY AND SEWERAGE BOARD AND OTHERS — Respondent ( Before : Hemant Gupta…

Tenders & Contracts

Any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of the services meant for larger public good – Grant of interim injunction by the learned Single Bench of the High Court has helped no-one except a contractor

Mar 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. N.G. PROJECTS LIMITED — Appellant Vs. M/S. VINOD KUMAR JAIN AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ.…

Tenders & Contracts

Contract Act, 1872 – Section 65 – Telecom Regulatory Authority of India Act, 1997 – Section 18 – Refund of Entry Fee – If the party claiming restitution was equally or more responsible for the illegality (in comparison to the defendant), there shall be no cause for restitution

Mar 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH LOOP TELECOM AND TRADING LIMITED — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant…

Tenders & Contracts

Work and Contract – Blacklisting/Banning – Considering the seriousness of the matter that due to the omission and commission on the part of the contractor a serious incident had occurred as there was a collapse of a ten meter slab while constructing a flyover in which one person died and eleven others injured, as such the contractor does not deserve any leniency

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS — Appellant Vs. M/S PANDA INFRAPROJECT LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw