Court : Guwahati
..... in which the petitioner company is shown to have developed its case, the case with which the writ petitioners came to this court may, in a nut shell, be set out as under:in terms of the nit, the tender papers were to be opened at 3.00 pm on 28-05-/2007 and accordingly, the petitioner company's authorized representative, namely, shri indranil gupta, was present, along with the representatives of other tenderers, in the office of the directorate of health services, govt ..... . it is, thus, clear that inside the envelope on which stands written the words 'technical and commercial bid', not only the papers/documents relating to technical bid were enclosed, but stood also enclosed therein all papers and documents relating to the petitioner company's eligibility, such as, proof of earnest money, statement of annual turnover for the last three years with balance sheets, sales tax clearance certificate, income tax return certificate, etc ..... 2, all the tender papers had been opened, on 29.05.2007, in presence of the tenderers and/or their representatives and, in this process, even the petitioner company's envelope, containing technical bid, was opened, on 29.05.2007, itself, in the presence of indranil gupta and, upon opening of the envelope of the technical bid, all relevant documents including the documents relating to deposit of earnest money were checked and, thereafter, the officials of the department had duly entered necessary .....
Tag this Judgment!Court : Guwahati
..... the short point that has been raised herein for resolution of this court is as to whether account payee pay order issued from dena bank, panbazar branch, guwahati submitted as earnest money enclosed with the tender paper pursuant to notice inviting tender (for short, 'the nit') dated 26.3.2007 floated by the hpc for awarding the contract work for transportation, bundling and feeding of bamboo in violation of the ..... terms and condition so stipulated in clause 2.1.3.1. of the nit which provides that 'earnest money as mentioned in the nit is to be deposited in the form of demand draft/call deposit drawn in favour of hindustan paper corporation limited, nagaon paper mill, kagajnagar and issued from any branches of state bank of india/canara bank/central bank of india and payable at state bank of india ..... . the pleaded case of the petitioner is that inspite of deposit of earnest money as stipulated in the nit as mentioned above, the petitioner's tender paper has not been considered by the hpc and such act itself is in violation of ..... attitude/action of the hpc/respondents refusing to open the tender paper accompanied by earnest money so deposited by the petitioner in the above form/mode ..... in the instant case relying on this decision, it is argued that the action taken by the authority for asking earnest money through the mode of payment from a nationalized bank was done in exercise of proper use of power and the same .....
Tag this Judgment!Court : Guwahati
..... 5 having not deposited earnest money of 15% of the amount offered by him in the first year but having deposit the said earnest money on the basis of the annual value fixed in the nit for the first year, such tender paper is defective and ought to have been rejected ..... appearing on behalf of the state respondents, per contra, has submitted that it is evident from the nit issued by the deputy commissioner that the tenderers are required to deposit earnest money of 15% of the amount of the first year's revenue in the form of call deposit etc. ..... 5/- settlement holder has deposited the earnest money of 15% of annual revenue as reflected in the nit, but the contention of the writ petitioner is that such earnest money is to be 15% of first year's revenue ..... also could not point out any provision in the fishery rules requiring deposit of earnest money of 15% of the first year's revenue offered by the tenderers. ..... it is nowhere mentioned in the nit that such earnest money has to be 15% of the first year's bid offered ..... 5/- settlement holder as he has deposited earnest money of 15% of the annual revenue fixed by the deputy commissioner for the first year as ..... holder did not furnish the requisite earnest money in terms of the nit, the respondent ..... 5 has deposited the earnest money as required under the nit, there being three fisheries settled in their favour, the authority by applying the concept of 'distributive justice' ought to have settled the fishery in favour of the writ petitioner/appellant as .....
Tag this Judgment!Court : Guwahati
..... what crystallizes from the above discussion is that a condition mentioned in an nit, such as the present one, that an offer once made cannot be revoked or if revoked, it would lead to forfeiture of earnest money would be statutorily impermissible, for such a promise is not supported by any consideration and, hence, if such a condition in an nit has to survive, it has to be read into such a condition that the offer can be revoked ..... in other words, the condition in the nit, in question, that the withdrawal of the tender shall cause forfeiture of earnest money, cannot legally stop the offerer from revoking his offer or tender before the same is accepted, for the promise not to revoke the offer would be against the law, for such ..... writ petitions aforementioned by filing their affidavit-in-opposition, the case of the appellants being, in brief, thus:the request made by the petitioners for withdrawal of the earnest money was kept in abeyance by the board pending settlement and award of the work order pursuant to the tenders received. ..... the condition incorporated in the nit, in question, that withdrawal of earnest money would lead to forfeiture of earnest money is contrary to law and the same, being void, was not enforceable.8 ..... in the nit dated 20.02.2003, aforementioned, one of the conditions was that the earnest money of 10% of 65 lakhs and 10% of 10 lakhs for mawiong toll gate and 3rd mile toll gate respectively must ..... the requisite earnest money along with their respective tender papers. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2005)(2)SLJ395CAT
..... it is further stated that her husband prepared such bogus receipts on day to day basis showing transfer of money to the sub-post master, bhella, although the sub-post master denied his signature appearing on those receipts. ..... thus, it is clear that the respondents have prejudged the issue that official papers were supplied by the applicant to her husband and the signatures of the sub post master have been forged thereon. ..... she supplied some official papers to her husband, which were produced by her husband during inquiry by preparing some false money receipts. ..... according to the respondents, the applicant had supplied some official documents without the knowledge of the postal staff working there to her husband which were produced by her husband during enquiry by preparing some false money receipts. .....
Tag this Judgment!Court : Guwahati
..... though the petitioner retired on 31.8.1995 and in spite of submission of his pension papers and also the related documents, petitioner has not been paid his pension and gratuity till today.3. ..... the question here is the irregularities of spending of government money by the petitioner. ..... in spite of this, the pension papers of the petitioner are under active consideration of the authority.8. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
..... in support of the argument the assessee has filed a paper book showing the details of moneys received from andhra pradesh government, details of items considered as work-in-progress and details of total expenses incurred on phase two of the contract works, out of which work-in-progress was estimated, etc. ..... on going through the orders of the revenue authorities and the paper book filed by the learned counsel of the assessee, we find that there is no dispute as regards the facts of the case. ..... we have also considered the issue and the paper book filed by the assessee-company. .....
Tag this Judgment!Court : Guwahati
..... in support of the argument the assessee has filed a paper book showing the details of moneys received from andhra pradesh government, details of items considered as work-in-progress and details of total expenses incurred on phase two of the contract works, out of which work-in-progress was estimated, etc. ..... on going through the orders of the revenue authorities and the paper book filed by the learned counsel of the assessee, we find that there is no dispute as regards the facts of the case. ..... we have also considered the issue and the paper book filed by the assessee-company. .....
Tag this Judgment!Court : Guwahati
..... juris says that a , bank is an association or corporation whose business it is to receive money or deposit, cash, cheques or drafts, discount commercial paper, make loans and issue promissory notes payable to bearer called 'bank notes'. 14. ..... in its more enlarged sense a bank may be defined as an institution, generally incorporated, authorised to receive deposits of money; to lend money and issue promissory ', notes, usually known by the name of 'bank notes' or to perform some one or more of ..... under section 46a the rbi shall contribute every year such sums of money as it may consider necessary and feasible to do so to the national rural credit (long term operations) fund and the national rural credit (stabilisation) fund established and maintained by the national bank under sections 42 and 43, ..... this also varies along with the variation in the reserve money owing to variation in the deposits and the need for credit the ccdp's lone of the objections is to maintain the credit- ..... sub-section (l)(a) includes 'the borrowing, raising, or taking up of money; the lending or advancing of money either upon or without security; the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of ..... in the matter of granting loans by banks, safety of the money lent as well as the purpose of the loan being achieved ..... rate' means the standard rate at which it is prepared to buy or re-discount bills of exchange or other commercial papers eligible for purchase under the act. .....
Tag this Judgment!Court : Guwahati
..... the accused-respondent in his statement under section 313 (sic) categorically stated that the catechu was his and that both the papers, namely, the money receipt and the challan, exhibits 1 and 2 respectively, had been signed by his younger brother and that he claimed the catechu as per exhibits 4 & 5 and that under no circumstances he was involved in an attempt to export the catechu to ..... kataki, the learned counsel appearing for the accused-respondent, submits, inter alia, that the challan and the money receipt admittedly found along side the catechu in the boat clearly proved that the catechu was brought from calcutta to dhubri by the accused-respondent and it was halted at gauripur wherefrom it was on transit by boat to ..... they also recovered from the boat one challan dated 15th january, 1973 and a money receipt for the catechu in the name of one umed kumar jain of tinsobigha. ..... the majhi informed him that the boat had been detained even after production of the papers and requested him to proceed to minghat and accordingly he arrived at minghat at about 8.30 ..... ; that no smuggler would leave the challan and the money receipt with the goods meant for being smuggled out; there was significant delay in seizing the catechu and in lodging the complaint inasmuch as the catechu was seized only on 18th january, 1973 at about 4 p.m ..... it would be unnatural for any person trying to smuggle goods out of the country to have left the challan and the money receipt with the goods or with the carrier. .....
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