Judgment Search Results Home > Cases Phrase: perfect tender rule Court: jammu and kashmir Page 1 of about 42 results (0.073 seconds)

Shivalik Foods Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ264

..... having clearly borne out from the reply of respondents-1 to 3 that memorandum of understanding for hiring of freezing facility submitted by respondent-4 at the stage of collection of tender as per requirements of the respondents to fulfil the eligibility conditions, and the failure of the petitioner to show any substantial prejudice caused to him because of the course adopted by respondents-1 to 3 in the tender process, the inevitable conclusion reached is that no prima facie case for admission of the writ petition is made out. ..... of fowl frozen for ladakh sector for the period from 1.4.2003 to 31.3.2006, on the ground that respondent-4, who has also tendered for the job, should not be allotted the contract being ineligible, as he does not possess freezing facilities at chandigarh, owned by him or can be hired, nor memorandum of understanding produced at the time of collection of tenders; whereas the tender submitted by the petitioner is complete in all respects and the same was entertained by the respondents.3. ..... it may perhaps be said to cause prejudice also to a party which can show that it had refrained from applying for the tender documents only because it thought it would not be able to produce the documents by the time stipulated but would have applied had it known that the rule was likely to the relaxed. .....

State of J and K Vs. Farooq Ahmad Ahanger

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ140

..... as such these two witnesses in the strict sense of the term could not be treated to be the prosecution witnesses' so as to entitle the prosecution to tender their evidence in its own right under section 251(9) cr. p.c. .....

Khadim HussaIn Vs. Maqbool Hussain

Court : Jammu and Kashmir

Reported in : AIR2008J& K72,2008(1)JKJ22

..... or a witness agrees to make the special oath or affirmation, referred to in rule7 and 8 above, the court is empowered to administer it or cause it to be administered by a commissioner appointed for the purpose and under rule 10 the evidence given by a party or witness on special oath or affirmation is to be taken as conclusive proof of the matter stated by the party or the witness and the statement so made has to be treated as binding on the person who offered to be bound ..... no sufficient cause is shown by the respondent in this regard, then the court below will administer the oath as provided under rule 9 of the aforesaid rules.parties to appear before the learned trial court on 10th of dec' 07.disposed of accordingly. ..... if any party to any judicial proceeding offers to be bound by any such oath or solemn affirmation as is mentioned in rule, if such oath or affirmation is made by the other party to or by any witness in such proceeding, the court may, if it thinks fit, ask such party or witness or cause him to be asked, whether or not he will make the oath or affirmation ..... rule 7, aforequoted, makes it clear that if any party to or a witness in any judicial proceeding offers to give an evidence on oath or solemn affirmation in any form common amongst or held binding by the persons of the race or persuation to which he belongs and not repugnant to justice or decency and is not affecting any third party, the court may if it thinks fit, tender such oath or affirmation to the said .....

Sham Dass Vs. Vidya Devi

Court : Jammu and Kashmir

Reported in : 2006(1)JKJ143

..... light of the evidence led for and against the proof of issues framed by the trial court, came to the following conclusions on the basis of which the appeal of the appellant has been allowed:i/ that a valid tender was made by the defendant chet ram;ii/ that mere mention of the fact that litigation regarding ownership is pending would not amount to denial of title. ..... validly deposit the rent in terms of section 11(1) proviso (i) of rent control act, the finding of the first appellate court stating that the rent was not validly deposited was legal in view of the provisions of order 6, rule 2 c.p.c.?by order dated 16.09.1998, passed in cmp no: 101/98, the following more substantial questions of law were framed:4. ..... having not done so, the tenant was left with no option but to tender the same in terms of section 14 of the act.iii/ that the need shown by the respondent to rebuild the property is not bonafide as the area after rebuilding is to decrease and the plea taken that further construction ..... the tender made thereafter should have been accepted. .....

Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ66

..... of draw of lots, held on 27-02-2004 by the excise department, to be quashed by a writ of certiorari and further declare the mode of grant of off-licences by draw of lots ultra vires of the excise act, rules framed thereunder and the excise policy; also directing the respondents by a writ of mandamus to treat all those persons, who had applied for the grant of licences prior to 22-07-2003, as a separate class and the decision ..... the petitioners have participated in the process of selection and are failed and, thus, the petitioners cannot challenge the very process of selection; (d) that the excise rules do not create any obligation to grant of licences and that the excise commissioner, being bound by the rules, he was not required to grant licences to the petitioners, as they had no right to any licence; (e) that regard being had to the nature of trade, it ..... licences for wholesale trade be it in jkel-i or jkel-ia shall issue on need basis in accordance with the provisions of the act and the rules there under but in authorizing the same utmost care shall be taken in site selection vis-a-vis the place of worship, educational/health institution and related ..... the supreme court, while dealing with the powers of the commissioner to change the mode of grant of licences, held as under: '5..the rule entitles the financial commissioner to grant licences by the modes of auction, negotiations, private contract, allotment, tenders and any other arrangement or mode which he considers expedient. .....

State of J and K and ors. Vs. Vikas Jandial and ors.

Court : Jammu and Kashmir

Reported in : 2005(2)JKJ451

..... invitation to make offers to those traders who had carried out their contracts in the previous year without default and to the satisfaction of the government was also objectionable, since the right to make tenders for the purchase of kendu leaves being restricted to a limited class of persons, it effectively shut out all other persons carrying on trade in kendu leaves and also the new entrants into ..... their further submission was that for 205 specific locations, 7334 aspirants were considered which in no case can be termed as discriminatory or arbitrary or not covered under rules, regulations and the policy provisions; that the process of draw of lots for issuance of liquor licences pertains to a policy matter of the state relating to its privilege and hence cannot be ..... the scheme was challenged and realizing that it might be struck down, the government withdrew the scheme and instead, decided to invite tenders for advance purchases of kendu leaves but restricted the invitation to those individuals who had carried out contracts in the previous year without default ..... for which the applications had not been invited for grant of jkel-2 licences, after following the procedure and adopting the methodology in accordance with excise act and rules framed thereunder, and in terms of the excise policy announced, promulgated and formulated by the state government vide government order no. ..... it is perfectly within the competence of government to change it, re-change it, adjust it and re-adjust .....

Bhaderwah Films and ors. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR2006J& K5,2005(2)JKJ519

..... . when large works contracts involving engagement of substantial manpower or requiring specific skills are to be offered, the financial abilityof the tenderer to fulfill the requirements of the job is also important;(4) the ability of the tenderer to deliver goods or services or to do the work of the requisite standard and quality;(5) past experience of the tenderer and whether he has successfully completed similar work earlier ..... . these would be-(1) the price at which the other side is willing to do the work;(2) whether the goods or services offered are of the requisite specifications;(3) whether the person tendering has the ability to deliver the goods or service as per specifications ..... . a mere difference in the prices offered by the two tenderers may or may not be decisive in deciding whether any public interest is involved in intervening in such a commercial transaction ..... relying upon rule 25 of the general guide-lines, it is stated that the proposal from producers belonging to north-east/kashir are required to be given due weightage vis-'-vis the applicants while commissioning of programmes for jammu and kashmir ..... . relevant rules of the general guidelines and the specific guidelines for the kashir channel as notified vide no ..... rule 25 of the guidelines is taken note of-'commissioning of programmes for north-east and kashir channels.proposals from producers belonging to north-east/ kashir will be given due weightage vis-a-vis other applicants while commissioning of programmes .....

Mst. Sundri and ors. Vs. Dy. Custodian, Evacuee Property and ors.

Court : Jammu and Kashmir

..... 'form and the manner in which, and the time within which, appeals and applications for revision may be preferred under section 30 and the fee leviable in respect thereof,' so viewed, sub-rule (9) is beyond the scope of clause (o) of subsection (2) of section 39. but this solution does not touch even the fringe of the problem in the present ..... in this view, my reply to the first question set out in the beginning of the judgment of my learned brother shall be in the affirmative,6. this brings me to the next question which is, whether the provisions of sub-rule (9) of rule 27 of the rules made under the act are beyond the rule-making power of the government as authorised by section 39 (2) (o) of the ..... section (1). in that view of the matter it would be manifest that the enacting of clause (9) of rule 27 (supra) was within the competence of the rule-making authority for the hearing of appeals and revisions which undoubtedly would be to carry out the purpose of the act, there is, yet ..... so. for the petitioners it has been contended that the rule is ultra vires the provisions of the act, accordingly the question that arises for consideration is whether sub-rule (9) of rule 27 is ultra vires the act in so far as it provides for the power of ..... no party has a right to tender additional evidence in appeal or before a revising authority; it is for the revising authority to decide whether having regard to all the circumstances and in the interest of justice, additional evidence tendered by a .....

Chamber of Commerce and ors. Vs. Ashok Kumar Gupta and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K30,2004(1)JKJ81

..... if it is erroneous, cannot be said to be an error apparent on the face of the record;(iii) even if a decision or order is erroneous in law or on merits, it cannot be accepted that it is an error apparent on the face of the record; (iv) no hard and fast rule can be laid down to declare or to point out a certain error to be an error apparent on the face of the record. ..... , (1997) 8 scc 715, their lordships of the supreme court observed as under:'under order 47 rule 1 cpc a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of ..... in respect of the management of the estate of dharanipur tea estate a contract came to be executed between terai tea estate which was said to be in its management at the relevant time, and the appellant for sale of tender green leaves of the tea grown in the said estate. ..... besides this the appeal was preferred under order 43 (1) (r) and in terms of order 43 rule 2 procedure laid down under order 41 in respect to appeals arising out of appealable decrees ..... of the review petition is challenged on the ground of contravention of 66 of the j&k; high court rules, where-under the review petition is required to contain a certificate in the prescribed form. ..... in connection with the limitation of the powers of the court under order 47, rule 1, while dealing with similar jurisdiction available to the high court while seeking to review the orders under article 226 of the constitution of india, this court, in the case of aribam .....

Balwinder Singh and ors. Vs. University of Jammu and ors.

Court : Jammu and Kashmir

Reported in : AIR1983J& K19

..... such cases must, no doubt, be fair and students against whom charges are framed must be given adequate opportunities to defend themselves, and in holding such enquiries, the tribunals must scrupulously follow rules of natural justice; but it would, we think, not be reasonable to import into these enquiries all considerations which govern criminal trials in ordinary courts of law. ..... that enquiries into misconduct or use of unfair means held by educational bodies like universities are quasi-judicial in nature to which rules of natural justice are attracted, and that such bodies can prescribe their own procedure for holding the enquiries, so long as the principles of natural justice are followed and adequate opportunity ..... but, if on the other hand, a statutory provision either specifically or by necessary implication excludes the application of any or all the rules or principles of natural justice the court cannot ignore the mandate of the legislature or the statutory authority and read into the concerned provision ..... light of the law laid down in the aforesaid decisions dealing with the applicability of rules of natural justice to such enquiries, the following conclusions can be easily drawn 31. ..... given full opportunity of tendering their written explanation and ..... to make a report of it to the controller of examinations without delay and on the day of occurrence itself, containing full details of evidence and explanation of the concerned examinee in case the latter is willing to tender it. .....