Category: 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

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…

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

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. )…

HELD The Respondent had the option not to lease out its property to the Appellant. The situation of an owner of property, executing a lease agreement in respect of his property cannot be equated with a contract of employment executed by and between an employee and a mighty employer, where the employee has little option but to accept the terms and conditions offered by the employer.

INDIAN OIL CORPORATION LIMITED THROUGH ITS SENIOR MANAGER — Appellant Vs. M/S SHREE GANESH PETROLEUM RAJGURUNAGAR THROUGH ITS PROPRIETOR MR. LAXMAN DAGDU THITE — Respondent ( Before : Indira Banerjee…

Government contracts – Understanding of public interest – – It is pertinent to remember that, by merely using grounds of public interest or loss to the treasury, the successor public authority cannot undo the work undertaken by the previous authority – Such a claim must be proven using material facts, evidence and figures – If it were otherwise, then there will remain no sanctity in the words and undertaking of the Government – Businessmen will be hesitant to enter Government contract or make any investment in furtherance of the same – Such a practice is counterproductive to the economy and the business environment in general.

SUPREME COURT OF INDIA FULL BENCH THE VICE CHAIRMAN & MANAGING DIRECTOR, CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED AND ANOTHER — Appellant Vs. SHISHIR REALTY PRIVATE LIMITED AND…

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