Tender, means an unconditional offer of money or performance to satisfy a debt or obligation, Black's Law Dictionary, 7th Edn., p. 1479.
Tender, offer; proposal for acceptance.
1. An unconditional offer of money or performance to satisfy a debt or obligation
2. Something unconditionally offered to satisfy a debt or obligation
3. An offer or bid put forward for acceptance, Black's Law Dictionary, 7th Edn., p. 1479.
A tender of satisfaction is allowed to be made inmost actions for money demands. It need not be made by the debtor personally to the creditor personally; it may be made through an authorized agent, and a tender to one of several joint creditors is sufficient. A tender must be absolute and unconditional, and the money must be actually produced at the time of the tender, unless that be dispensed with by the creditor; but a tender under protest is good in law, so long as no condition is imposed, Greenwood v. Sutcliffe, (1892) 1 Ch 1 CA.
If a defence set up tender, the money alleged to be tender must be paid into Court, (English) R.S.C. Ord. XXII, 4. 1; Cty. Ct. R. Ord. X., r. 20.
By the Coinage Act, 1870 (33 & 34 Vict. c. 10), s. 4, it is provided that a tender of payment of money, if made in coins legally issued by the Mint in accordance with the provisions of that Act, and not alleged in, and not become materially diminished in weight, shall be legal tender:-
'In the case of gold coins for payment of any amount; in the case of silver coins for a payment of an amount not exceeding 40s., but for no greater amount; and in the case of bronze coins for the payment of an amount not exceeding 1s., but for no greater amount.'
Bank of England notes under 3 & 4 Wm. 4, c. 98, including notes for 1l. ad for 10s. issued by the Bank of England under the Currency and Bank Notes Act, 1928, (18 & 19 Geo. 5, c. 13), are legal tender for a payment of any amount.
The expression 'tender' does not mean a private secret deal between the Chief Minister and the offerer. Tender in the context in which the expression is used in rule 28, means 'tenders to be invited from intending contractors', Ram and Shyam Company v. State of Haryana, AIR 1985 SC 1147 (1156): (1985) 3 SCC 267. (Punjab Minor Mineral Concession Rules, 1964, R. 28)
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