Judgment Search Results Home > Cases Phrase: perfect tender rule Court: jammu and kashmir Page 3 of about 42 results (0.081 seconds)

State of J and K Vs. Sunderdas and ors.

Court : Jammu and Kashmir

..... fir lodged by him has been got proved by the prosecution by tendering the evidence of the scribe who had recorded the same in police post jurian. ..... if a case is proved perfectly, it is argued that it is artificial; if a case has some flaws inevitable because human beings are prone to err, it is argued that it is too imperfect. ..... it reads as follows:exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicion and thereby destroy social defence, justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent. ..... the rule of benefit of doubt has very well been explained by the supreme court in sucha singh v. .....

Riaz Construction Co. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR2001J& K7

..... as per condition 1.1, the petitioner was required to demonstrate that he had completed at least one work of nature similar to that of this tender costing not less than l/3rd of the value of the cost of the tender in the preceding three years, in other words, for complying condition of package a-2, the contractor was required to show that it had executed the works to the exeent of rs. ..... the proof of technical capability and competence which is contained in condition 1.1 that a tenderer should have at least one work of nature similar to that of this tender costing not less than 1 /3rd of the value of the cost of the respective tender in the preceding three years is arbitrary and absurd in its nature because very few contractors in the kashmir valley can fulfil this condition of executing one work of the nature of the earth work. ..... the counsel appearing for the petitioner has contended that the conditions imposed in the tender notice with regard to the technical capability and financial capacity have been incorporated with a mala fide intention to allot the works in favour of blue-eyed contractors. ..... (supra), the apex court has held that the acceptance of the tender was neither arbitrary nor illegal when the highest offer for awarding contract bid not accepted but the bid of tenderer air india was accepted on the grounds that being an airline and of a national carrier it would be in position to bring more traffic of air india and other domestic airlines.11. .....

R.B. Jodhamal Bishen Lal and ors. Vs. the State of Jammu and Kashmir a ...

Court : Jammu and Kashmir

Reported in : AIR1984J& K10

..... for the auctions held in december1968, no doubt the high power committeehad recommended recasting of sub-clause (i)of clause 12 of the tender notice, but theamended sub-clause (ii) was not given anyeffect nor was it incorporated in thelease agreement it is true that the ccf hadraised certain contentions in regard to govt.order ..... the government that the time they would reasonably spend in these salvage operations, would be added to the period fixed by their principal leases, i am, therefore, clearly of the opinion that the petitioners can invoke the rule of promissory estoppel to get rid of the impugned orders which violate the assurance held out by the govt. ..... with equal success, they can invoke this rule on the ground that the government had agreed to add to the period of their principal leases, the period spent by them in the salvage operations of snow damaged trees. ..... it is indeed the pride of constitutional democracy and rule of law that the government stands on the same footing as a private individual so far as the obligation of the law is concerned, the former is equally bound as the latter ........' ..... it is elementary that in a republic governed by the rule of law, no one howsoever high or low, is above the ..... grant ofextension was not a 'rule but merely an exception, which would be reflected even byclause 12 (2) of the lease agreement whichread: 'time is the essence of this agreement and extension in the working period of forest lease under clause (1) shall not be claimed as a .....

ivrcl and Sew-jv Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR2006J& K39,2006(1)CTLJ364(J& K),2005(3)JKJ617

..... qualification criteria and therefore they have not been able to make it to come within the consideration zone of financial bids and as such are out of the competition whereas the third tenderer hcc limited whose pre-qualification bid has been found by the respondents in order alone is in the consideration zone for grant of contract and his financial bid is under consideration.4. ..... the petitioner herein though have completed the works substantially, same have not been completed completely and therefore the pre-condition of the tender document regarding satisfactory completion of works has not been satisfied.therefore, there is no merit in the writ petition, which is accordingly ..... or actuated by mala fide, meaning thereby that the decision by itself is not open to judicial scrutiny but the process by which such decision has been arrived at can be examined by the court to rule out arbitrariness, mala fide or bias or unreasonableness and it can interfere if it is found vitiated by mala fide, arbitrariness and unreasonableness. ..... the very purpose of stipulating qualifications in the tender document is to ensure their compliance by strict adherence so that there is no scope left for discrimination, arbitrariness and bias relaxation or waive of condition by the state in favour of one bidder would create justifiable doubt in the minds of other bidders, would impair the rule of the transparency and fairness and provide room for manipulation to suit the whims of the state in picking and .....

Suomoto Proceedings in Flesh Trade Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2008(1)JKJ161

..... . the procedure to be followed in a writ petition under article 32 of the constitution is prescribed in order xxxv of the supreme court rules, 1966, and sub rule (9) of rule 10 lays down that at the hearing of the rule nisi, if the court is of the opinion that an opportunity be given to the parties to establish their respective cases by leading further evidence, the court may take such evidence or cause such evidence to be taken in such manner ..... needless to say that loss of public faith in constitutional machinery and systematic institutions can only breed anarchy which is an antithesis of the rule of law and rule of law, that must prevail at all costs, if the state, the society and system has to survive hardly needs be stressed; thus an onerous responsibility that lies on the shoulders of cbi which is investigating this ..... while initiating proceedings suomoto, i direct registrar judicial to seek orders in the matter for its appropriate listing under rules preferably during current week.few days after this on 09.05.06, high court bar association, also instituted writ petition owp ..... . petitioner, j & k high court bar association, srinagar state that the jammu and kashmir prostitution rules, 1921 are still in force as the same have not been repealed by the state government despite the international convention for the suppression of the traffic in persons and of the exploitation of the ..... the statements they tender be kept confidential and the girls giving such statement shall be given .....

State of J. and K. and ors. Vs. Trehan Industries Pvt. Ltd. and anr.

Court : Jammu and Kashmir

Reported in : AIR2005J& K13,2005(1)JKJ536

..... facts of the present case are not identical to those of kasturi lal's case (supra), a common feature of both the cases is that contract was awarded without issuing an advertisement notice as such or inviting tenders, but after open invitation to the entrepreneurs at large in the state of jammu and kashmir, and, therefore, it cannot be said that it was a case of back door selection or selection on pick ..... . it would be useful to quote the relevant observation in extenso as under :--'if the state were giving tapping contract simpliciter there can be no doubt that the state would have to auction or invite tenders for securing the highest price, subject to, of course, to any other relevant overriding considerations of public weal or interest, but in a case like this where the state is allocating resources such as ..... . section 45 (2) provides that orders and other instruments made and executed in the name of the governor or of the government of jammu and kashmir shall be authenticated in such a manner as may be specified in the rules to be made by the governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor or, as the case may ..... . it was submitted that it is not inflexible rule to invite tenders in all cases of grant of public property/largesse as held ..... there was no universal rule that the government should give its largesse only by inviting tenders .....

Raj Kumar Vs. State

Court : Jammu and Kashmir

Reported in : 2005CriLJ1322

..... in the above said circumstances the judgment of the learned trial court is found to be perfectly valid and legal. ..... trial court also relied upon a case reported in 1983 cr.lj 1186 in which the supreme court has held:-that the evidence of investigating officer could be acted upon even if not corroborated by other evidence has been ruled by the supreme court in state of kerala v. m.m. ..... the prosecution tendered the evidence of pw joginder kumar sawhney, the then tehsildar kathua who denied his signatures on the said certificates. ..... prosecution tendered the evidence of pw janak raj and k.c. .....

Raj Kumar Vs. State

Court : Jammu and Kashmir

Reported in : 2004(2)JKJ382

..... in the above said circumstances the judgment of the learned trial court is found to be perfectly valid and legal. ..... trial court also relied upon a case reported in 1983 cr.lj 1186 in which the supreme court has held: --'that the evidence of investigating officer could be acted upon even if not corroborated by other evidence has been ruled by the supreme court in state of kerala v. mm. ..... the prosecution tendered the evidence of pw joginder kumar sawhney, the then tehsildar kathua who denied his signatures on the said certificates. ..... prosecution tendered the evidence of pw janak raj and k.c. .....

Bhatia Builders and Contractors and Connected Matter Vs. Union of Indi ...

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ784

..... party, it is by now, a well settled principle of law that grant of opportunity of hearing and making representation against an intended, action resulting in civil consequences, is required to be read in the rules, guidelines and instructions which may be applied by the executive while taking such decision, because it is an elementary principle of natural justice flowing from the maxim audi alteram partem that any one affected by an ..... the other hand, is that slow progress of the petitioner, noticed in the execution of already secured contract would disentitle the petitioner to claim issuance of tender documents, as of right, and that administrative reasons for not issuing tender documents, were neither required to be spelled out in the communications nor any show cause notice was required to be issued to the petitioner or any enquiry ..... contractor may not, strictly speaking, amount to his permanent blacklisting as such, yet it cannot be lost sight of that depriving him of his right to have the tender documents to compete for the two contracts would certainly amount to suspension of his business thereby temporarily ousting him from competition, and in other words, temporarily blacklisting him ..... on the ground that there is a transparent system in military engineer services and all laid-down rules, norms, policy and procedures had been followed before taking decision to withdraw the tender documents which had been earlier issued to the petitioner to compete for the two contracts. .....

People's Welfare Society J and K Vs. State of J and K and Ors.

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ94

..... even though the court had initially entertained people's welfare society's petition as public interest litigation, yet no rule or law would come in the way of the court in hearing a party which, on its appearing in the court to contest the public interest litigation and the relief sought for therein, had projected a plea to contend ..... . payment of compensation or deposit of same in court-(1) on making an award under section 11, the collector shall tender payment of the compensation awarded by him to the persons interested-entitled thereto, according to the award, and shall pay it to them unless prevented by someone or more of the contingencies mentioned in the next sub ..... municipal corporation had pleaded that the site plan had been approved according to the rules and that the private respondents had raised construction in violation of the approved site plan for which a show cause notice had been issued which stood stayed by the jammu and kashmir special ..... . learned counsel referred to section 32 of the state land acquisition act and rule 55 of the land acquisition rules for public purposes to justify state respondent's action of entering into negotiations with the ..... since the very purpose behind the establishment of the society is to ensure prevalence of rule of law in all the spheres in the state, therefore, the petitioner is constrained to bring this matter to the notice of the hon'ble court by way of this public interest litigation for safeguarding the government property .....