G J FERNANDEZ Vs. STATE OF KARNATAKA
LAWS(SC)-1990-2-43
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on February 01,1990

G.J.FERNANDEZ Appellant
VERSUS
STATE OF KARNATAKA Respondents





Cited Judgements :-

RADHA EXPORTS INDIA PVT LTD VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2006-8-249] [REFERRED TO]
SPORTINA EXIM PVT LTD VS. UNION OF INDIA [LAWS(MPH)-2004-3-27] [REFERRED TO]
STATE BANK OF INDIA VS. AIRPORT AUTHORITY OF INDIA [LAWS(DLH)-2002-1-10] [REFERRED]
R G HOLDING PVT LTD VS. M T N L [LAWS(DLH)-2004-10-59] [REFERRED TO]
G.M. TRADING CO. AND ORS. VS. STATE OF J&K AND ORS. [LAWS(J&K)-2015-2-27] [REFERRED TO]
SEDI ALLIED AGENCY VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2014-3-95] [REFERRED TO]
LADAKH ROAD LINES VS. STATE OF J&K & OTHERS [LAWS(J&K)-2018-8-121] [REFERRED TO]
SHREE NATHJI INTERNATIONAL VS. BHARAT ALUMINIUM CO LTD [LAWS(CAL)-1994-12-18] [REFERRED TO]
PURVANCHAL COMMUNICATION PVT. LTD VS. FOOD CORPORATION OF INDIA [LAWS(GAU)-2021-1-23] [REFERRED TO]
VOITH HYDRO PRIVATE LIMITED VS. ASSAM POWER GENERATION CORPORATION LIMITED [LAWS(GAU)-2021-3-95] [REFERRED TO]
SHYAMSINGH DEVISINGH THAKUR VS. MUNICIPAL COUNCIL [LAWS(BOM)-2020-3-121] [REFERRED TO]
KUNAL SAHA VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2016-1-38] [REFERRED TO]
NEW HYDERABAD MEDAK TRANSPORT VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2015-7-42] [REFERRED TO]
SOMA-CGGC JV VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2015-5-14] [REFERRED TO]
GHANTA INFRASTRUCTURES LTD VS. ASSET RECONSTRUCTION COMPANY INDIA LTD [LAWS(APH)-2008-1-9] [REFERRED TO]
MARUTI TRAVELS VS. NUCLEAR POWER CORPORATION OF INDIA [LAWS(GJH)-2007-8-55] [REFERRED TO]
JATIN KALITA VS. HINDUSTAN PAPER CORPORATION LTD [LAWS(GAU)-2001-2-4] [REFERRED TO]
KIRLOSKAR BROTHERS LIMITED VS. STATE OF TRIPURA [LAWS(GAU)-2000-4-3] [REFERRED]
SWADESH CH. SAHA VS. STATE OF TRIPURA [LAWS(GAU)-2011-4-69] [REFERRED TO]
TATA MOTORS LTD CHINHAT LKO VS. STATE OF U P [LAWS(ALL)-2016-2-379] [REFERRED]
SHIVA SHAKTHI CONSTRUCTIONS P LTD VS. SUPERINTENDING ENGINEER [LAWS(APH)-1996-10-48] [REFERRED TO]
BIRLA ERICSSON OPTICAL LTD VS. BHARAT BROADBAND NETWORK LTD [LAWS(DLH)-2013-7-169] [REFERRED TO]
RAGHUVEER VIDEO VISION PRIVATE LIMITED AMEERPET HYDERABAD VS. ANDHRA PRADESH ELECTRONICS DEVELOPMENT CORPORATION LIMITED [LAWS(APH)-1991-4-34] [REFERRED TO]
TDI INTERNATIONAL PVT. LTD VS. AIRPORT AUTHORITY OF INDIA [LAWS(GJH)-2018-4-160] [REFERRED TO]
ALOK PARSHURAM JALAN MANAGING DIRECTOR OF LAQSHYA MEDIA VS. BRIHANMUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING [LAWS(BOM)-2008-9-67] [REFERRED TO]
PROMUK HOFFMAN INTERNATIONAL LTD VS. STATE OF GOA [LAWS(BOM)-2006-2-82] [REFERRED TO]
VIJAI KUMAR AJAY KUMAR VS. STEEL AUTHORITY OF INDIA LIMITED SAIL [LAWS(ALL)-1993-5-31] [REFERRED TO]
GANESH ENGINEERING WORKS VS. UNION OF INDIA [LAWS(ALL)-1990-11-22] [REFERRED TO]
SHRISHTI INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-6-23] [REFERRED TO]
PRATAP CHANDRA MOHANTY VS. CHIEF ENGINEER PRADIP PORT TRUST [LAWS(ORI)-2005-3-1] [REFERRED TO]
RITHWIK PROJECTS LTD. VS. ORISSA MINING CORPORATION LTD. [LAWS(ORI)-2009-12-59] [REFERRED TO]
ITD CEMENTATION INDIA LIMITED VS. UNION OF INDIA [LAWS(RAJ)-2017-8-219] [REFERRED TO]
JOGASWAR SAHA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-12-28] [REFERRED TO]
SUNAKAR SAHOO VS. STATE OF ODISHA [LAWS(ORI)-2017-7-43] [REFERRED TO]
PRAFULLA KUMAR PRADHAN VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2016-11-1] [REFERRED TO]
RELIANCE INFRASTRUCTURE LIMITED VS. STATE OF H P AND ORS [LAWS(HPH)-2009-10-62] [REFERRED]
VOLTAS LIMITED VS. UNION OF INDIA [LAWS(GJH)-2001-2-55] [REFERRED TO]
MAA CHANDI STONE CRUSHING VS. CHIEF ENGINEER EAST COAST RAILWAY [LAWS(ORI)-2005-1-63] [REFERRED TO]
CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD VS. KHRUNICHEV STATE RESEARCH [LAWS(MAD)-2004-10-149] [REFERRED TO]
SPANCO TELESYSTEMS AND SOLUTIONS LIMITED VS. STATE OF KARNATAKA [LAWS(KAR)-2008-2-78] [REFERRED TO]
GEORGE THOMAS PUTHENVEETTIL VS. UNION OF INDIA AND OTHERS [LAWS(KER)-2017-6-163] [REFERRED TO]
SELVEL MEDIA SERVICES PVT LTD VS. STATE OF J K [LAWS(J&K)-2008-10-19] [REFERRED TO]
CHERIAN VARKEY CONSTRUCTION CO P LTD VS. UNION OF INDIA [LAWS(KER)-2012-3-5] [REFERRED TO]
UNIQUE MOTOR TRANSPORT VS. MANAGING DIRECTOR [LAWS(J&K)-1999-5-23] [REFERRED TO]
MEIL PRASAD (JV) VS. STATE OF MADHYA PRADESH & ANOTHER [LAWS(MPH)-2018-7-95] [REFERRED TO]
AJAY KUMAR DOHAR VS. STATE OF MADHYA PRADESH AND OTHERS [LAWS(MPH)-2017-11-280] [REFERRED TO]
K. M. MUSTAFA VS. INDIAN RAILWAY CATERING AND TOURISM CORPORATION [LAWS(MAD)-2018-12-121] [REFERRED TO]
B S N JOSHI AND SONS LTD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-3-27] [REFERRED TO]
R K MINING PVT LTD VS. BHARAT COKING COAL LTD [LAWS(JHAR)-2011-9-8] [REFERRED TO]
SOLAR INDUSTRIES VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-5-34] [REFERRED TO]
PREMIER IRRIGATION EQUPMENT LTD VS. MAHARASHTRATOURISM DEVLOPMENT CORPORATION LTD [LAWS(BOM)-2008-10-123] [REFERRED TO]
TBAS CONSTRUCTION SUPREME INFRASTRUCTURE INDIA LTD VS. UNION OF INDIA REPRESENTED BY SECRETARY [LAWS(KER)-2018-6-354] [REFERRED TO]
ROSMERTA TECHNOLOGIES LIMITED VS. COMMISSIONER OF TRANSPORT [LAWS(GJH)-2015-10-176] [REFERRED TO]
SUMIT BAGADIA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-12-53] [REFERRED TO]
MHS INFRA TECH. PVT. LTD. VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-179] [REFERRED TO]
MANNAN TRAVELS TRANSPORT CONTRACTOR VS. DURGAPUR PROJECTS LTD [LAWS(CAL)-2009-7-119] [REFERRED]
WEST BENGAL STATE ELECTRICITY BOARD VS. SHANSKA INTERNATIONAL CIVIL ENGINEERING AB. [LAWS(CAL)-2001-5-60] [REFERRED TO]
VINAY KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2009-4-36] [REFERRED TO]
BOC INDIA LIMITED AND ANR. VS. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY AND ORS. [LAWS(CAL)-2010-5-121] [REFERRED TO]
P V KRISHNA VS. COMMISSIONER FOR TENDERS HYD [LAWS(APH)-1998-9-71] [REFERRED TO]
BHARAT BIOTECH INTERNATIONAL LTD VS. MUNICIPAL CORPORATION OF MUMBAI [LAWS(BOM)-2012-9-40] [REFERRED TO]
MUNDHE CONTRACTORS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-1-66] [REFERRED TO]
BALAJI GOODS TRANSPORT COMPANY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-1-11] [REFERRED TO]
RURAL DEVELOPMENT ORGANISATION FOR LOWER ASSAM, SC, ST AND WEAKER SECTION PEOPLE (CR 1873 OF 1998) JYOTI PRAKASH SARDA VS. ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. & OTHERS [LAWS(GAU)-1998-4-34] [REFERRED TO]
NANDHINI DELUX BANGLORE VS. GOVERNMENT OF A P [LAWS(APH)-2005-10-38] [REFERRED TO]
NANDHINI DELUX VS. GOVT OF A P [LAWS(APH)-2005-11-100] [REFERRED TO]
M V V SATYANARAYANA VS. ENGINEER CHIEF R AND B HYDERABAD [LAWS(APH)-2007-12-86] [REFERRED TO]
SUBASH KUMAR AGARWAL VS. STATE OF ORISSA [LAWS(ORI)-2005-2-4] [REFERRED TO]
CHERIAN VARKEY CONSTRUCTION COMPANY (PVT.) LTD. VS. STATE OF KERALA [LAWS(KER)-2020-5-116] [REFERRED TO]
ARJUN PASWAN AND OTHERS VS. THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LTD. AND OTHERS [LAWS(PAT)-2018-8-119] [REFERRED TO]
NEELAM KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-1995-9-19] [REFERRED TO]
SAJAN KUMAR AGARWAL VS. STATE OF SIKKIM [LAWS(SIK)-2019-8-3] [REFERRED TO]
ABDUL NAZAR M.A VS. CHIEF ENGINEER [LAWS(KER)-2017-6-388] [REFERRED TO]
T.A. XAVIER & SONS VS. THE STATE OF KERALA AND ORS. [LAWS(KER)-2015-3-33] [REFERRED TO]
M/S. HARI & CO. VS. FOOD CORPORATION OF INDIA [LAWS(MAD)-2014-1-54] [REFERRED TO]
PACE DIGITEK INFRA PVT LTD VS. TAMIL NADU FIBERNET CORPORATION LTD [LAWS(MAD)-2021-3-4] [REFERRED TO]
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU VS. DMRC LTD. [LAWS(J&K)-2016-12-5] [REFERRED TO]
TBA INFRASTRUCTURE PVT. LTD VS. STATE OF J&K AND ORS. [LAWS(J&K)-2016-10-4] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. RAJHANS TRANSPORT [LAWS(JHAR)-2018-7-230] [REFERRED TO]
QUIPPO OIL AND GAS INFRASTRUCTURE LIMITED VS. OIL & NATURAL GAS CORPORATION LIMITED AND ANR [LAWS(DLH)-2016-5-300] [REFERRED TO]
M/S SINGH CATERERS & VENDORS & ANR. VS. INDIAN RAILWAYS CATERING AND TOURISM CORPORATION LTD. [LAWS(DLH)-2017-3-79] [REFERRED TO]
GOURANGA LAL CHATTERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2002-2-24] [REFERRED TO]
JALGAON GOLDEN TRANSPORT PVT LTD VS. UNION OF INDIA [LAWS(BOM)-2020-7-152] [REFERRED TO]
CPIO, SUPREME COURT OF INDIA, TILAK MARG, NEW DELHI VS. SUBHASH CHANDRA AGARWAL [LAWS(DLH)-2009-9-193] [REFERRED TO]
LEIGHTON WELSPUN CONTRACTORS PVT. LTD. VS. OIL AND NATURAL GAS CORPORATION LIMITED [LAWS(BOM)-2013-3-268] [REFERRED TO]
N SURYANARAYANA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1998-9-39] [REFERRED TO]
M SITARAMA REDDY VS. INDIAN RAILWAYS [LAWS(APH)-1994-12-16] [REFERRED TO]
BENJAMIN LALRINAWMA VS. STATE OF MIZORAM [LAWS(GAU)-2005-4-43] [REFERRED TO]
SHILLONG BENCH SYNERGY COMPOSITES PVT LTD VS. HINDUSTAN PAPER CORPORATION LTD [LAWS(GAU)-2004-2-6] [REFERRED TO]
TRACTOR FARM EQUIPMENT LTD VS. SECRETARY GOVT OF ASSAM [LAWS(GAU)-2003-10-5] [REFERRED TO]
SAILEN KONWAR DUTTA VS. SATYA CAPITAL SERVICES P LTD [LAWS(GAU)-2000-2-40] [REFERRED TO]
NOVATIC TRADING F.Z.E. VS. HERO FINCROP LTD. [LAWS(APH)-2021-4-53] [REFERRED TO]
TANDRA DAS VS. RAJIB LOCHAN DAS & ORS [LAWS(CAL)-2018-6-61] [REFERRED TO]
ANUP TRADE AND TRANSPORT PVT. LTD. VS. THE FOOD CORPORATION OF INDIA & ORS. [LAWS(GAU)-2012-1-90] [REFERRED TO]
SOMA CGGCJV VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2013-9-79] [REFERRED TO]
NILA INFRASTRUCTURE LIMITED AND OTHER VS. SURAT MUNICIPAL CORPORATION AND OTHER [LAWS(GJH)-2017-11-210] [REFERRED TO]
SAMARAT HEAVY LIFTERS VS. UNION OF INDIA [LAWS(BOM)-1993-7-14] [REFERRED TO]
SHREYANS INDUSTRIES LTD. VS. CHHATTISGARH TEXTBOOK CORPORATION AND ORS. [LAWS(CHH)-2015-10-23] [REFERRED TO]
GOLDSTONE INFRATECH LIMITED VS. STATE OF GUJARAT AND 2 & ORS. [LAWS(GJH)-2018-2-193] [REFERRED TO]
NU CALCUTTA CONSTRUCTION COMPANY VS. NATIONAL ALUMINIUM COMPANY LIMITED [LAWS(ORI)-2000-3-11] [REFERRED TO]
GAJANANA ENGINEERS VS. PRINCIPAL SECY TO GOVERNMENT ENERGY DEPARTMENT [LAWS(KAR)-2005-7-31] [REFERRED TO]
ELECTRONICS ENTERPRISES NEW DELHI VS. KARNATAKA POWER CORPORATION LTD [LAWS(KAR)-1993-10-26] [FOLLOWED ON]
ASHOK LANKA VS. RISHI DIXIT [LAWS(SC)-2005-5-36] [REFERRED TO]
RAJENDRA RAI VS. STATE OF M P [LAWS(MPH)-2014-3-68] [REFERRED TO]
NATIONAL HIGH SPEED RAIL CORPORATION LIMITED VS. MONTECARLO LIMITED [LAWS(SC)-2022-1-98] [REFERRED TO]
A. G. CONSTRUCTION CO VS. FOOD CORPORATION OF INDIA [LAWS(P&H)-2021-2-16] [REFERRED TO]
SRI VINAYAKA CATERORS AND CONSULTANTS VS. EXECUTIVE WARDEN, INTERNATIONAL HOSTELS [LAWS(MAD)-2020-6-24] [REFERRED TO]
AGRAWAL ROADLINES PRIVATE LIMITED VS. INDIAN OIL CORPORATION LIMITED [LAWS(BOM)-2002-10-91] [REFERRED TO]
TAHAL CONSULTING ENGINEERS LTD VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-3-94] [REFERRED TO]
BALAJI ENTERPRISES VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-12-10] [REFERRED TO]
GANGA BALA CHOUDHURY VS. STATE OF ASSAM [LAWS(GAU)-2004-11-25] [REFERRED TO]
ENJIL CHOUDHURY VS. ASSAM FISHERIES DEVELOPMENT CORPORATION [LAWS(GAU)-2011-9-15] [REFERRED TO]
LALROHLUI PROPRIETOR, NORTH EAST SUPPLIER GROUP VS. CHIEF SECRETARY, TO GOVERNMENT OF MIZORAM [LAWS(GAU)-2011-4-75] [REFERRED TO]
KATRA MATA VAISHNO DEVI HOTELS, KATRA VS. UOI [LAWS(J&K)-2016-12-12] [REFERRED TO]
INAMUL HAQUE VS. STATE OF ASSAM AND 3 ORS [LAWS(GAU)-2019-3-18] [REFERRED TO]
SATISH SINGH JAMWAL AND CO. VS. STATE OF J.&K. AND OTHERS [LAWS(J&K)-2017-6-11] [REFERRED TO]
M/S. TBAS CONSTRUCTION SUPREME INFRASTRUCTURE INDIA LTD. VS. UNION OF INDIA [LAWS(KER)-2018-9-371] [REFERRED TO]
SAINIK TRANSPORTERS PVT LTD VS. TENUGHAT VIDYUT NIGAM LTD [LAWS(JHAR)-2002-1-3] [REFERRED TO]
CJDARCL LOGISTICS LTD. VS. RITES LTD [LAWS(DLH)-2022-6-97] [REFERRED TO]
I.S. ENTERPRISES VS. JAMIA MILLIA ISLAMIA [LAWS(DLH)-2021-10-142] [REFERRED TO]
SAFE GUARD VS. M P STATE AGRICULTURAL MARKETING BOARD [LAWS(MPH)-2009-4-66] [REFERRED TO]
MR HARSHA VARDHAN REDDY VS. STATE OF KARNATAKA [LAWS(KAR)-2019-8-116] [REFERRED TO]
RANJEET RAI VS. STATE M.P. AND ORS. [LAWS(MPH)-2015-3-134] [REFERRED TO]
PRADEEP KUMAR VS. STATE OF H.P. [LAWS(HPH)-2016-4-201] [REFERRED TO]
BLUE STAR LTD VS. STATE OF ORISSA [LAWS(ORI)-2005-2-16] [REFERRED TO]
KRANS-TVSR (JOINT VENTURE), SECUNDERABAD VS. SOUTH CENTRAL RAILWAY, SECUNDERABAD AND ORS [LAWS(APH)-2017-10-64] [REFERRED TO]
PBR SELECT INFRA PROJECTS VS. COMMISSIONER OF TENDERS,HYDERABAD [LAWS(APH)-2012-10-30] [REFERRED TO]
SHINE SHANTHI SOFTWARE TECHNOLOGIES PVT, LTD. VS. DISTRICT COLLECTOR, EAST GADAVARI DISTRICT [LAWS(APH)-2012-12-83] [REFERRED TO]
GOLDSTONE EXPORTS LIMITED VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2002-8-30] [REFERRED TO]
B V SUBBA REDDY VS. CHIEF ENGINEER HYDERABAD URBAN DEVELOPMENT AUTHORITY [LAWS(APH)-1996-12-67] [REFERRED TO]
STATE BANK OF HYDERABAD HYDERABAD VS. JYOTHI KRISHNA ENGINEERS [LAWS(APH)-1993-2-21] [REFERRED TO]
SEBABRATA BOSE ASSOCIATES (P) LTD. VS. STATE OF WEST BENGAL [LAWS(CAL)-1995-11-34] [REFERRED TO]
SANGITA ADVERTISING AGENCY VS. UNION OF INDIA [LAWS(GAU)-1997-1-21] [REFERRED TO]
MAIKU LAL VS. MUNNI LAL [LAWS(ALL)-1953-7-21] [REFERRED TO]
BIHARIJI AGRO FOODS PVT. LTD. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2016-2-174] [REFERRED TO]
M/S. S.K. SAMANTA & CO. (P) LTD. VS. MAHANADI COALFIELDS LIMITED [LAWS(ORI)-2017-6-17] [REFERRED TO]
PRAGATISHEEL ADYOGIC CO VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-1996-11-64] [REFERRED TO]
GLODYNE TECHNOSERVE LTD VS. STATE OF M P [LAWS(MPH)-2010-7-12] [REFERRED TO]
TAMIL NADU POLICE HOUSING CORPORATION LIMITED VS. P & C PROJECTS (P) LTD [LAWS(MAD)-2018-6-198] [REFERRED TO]
TAPAS SAHA VS. STATE OF TRIPURA [LAWS(TRIP)-2020-12-26] [REFERRED TO]
N O SHETTY VS. K S R T CORPN [LAWS(KAR)-1991-5-14] [FOLLOWED]
VYANKATESH TRADING COMPANY VS. FOOD CORPORATION OF INDIA [LAWS(BOM)-2016-9-98] [REFERRED TO]
TITAGARH WAGONS LTD VS. CONTAINER CORP. OF INDIA LTD [LAWS(DLH)-2008-12-95] [REFERRED TO]
CENTRE FOR DEVELOPMENT COMMUNICATION VS. MUNICIPAL COMMISSIONER, JUNAGADH MAHANAGAR PALIKA [LAWS(GJH)-2020-6-971] [REFERRED TO]
SANJEEV KUMAR VS. INDIAN OIL CORPORATION LTD [LAWS(DLH)-2014-11-7] [REFERRED TO]
T C I SEAWAYS LTD VS. FOOD CORPORATION OF INDIA [LAWS(APH)-2002-11-97] [REFERRED TO]
S Y NAWAB VS. MUNICIPAL CORPORATION OF HYDERABAD [LAWS(APH)-2001-4-85] [REFERRED TO]
KRISHNA REDDY M V VS. COMMISSIONERATE OF TENDERS [LAWS(APH)-1994-12-15] [REFERRED TO]
RAM KUMAR YADAV; SANTOSH KUMAR YADAV; MANOJ KUMAR MALVIYA VS. CHHATTISGARH STATE CIVIL SUPPLIES CORPORATION LIMITED; STATE OF CHHATTISGARH; SHAMBHU PALIWAL; UMESH PALIWAL; SUMIT SINGH CHANDEL; GENERAL MANAGER, CHHATTISGARH STATE CIVIL SUPPLIES CORPORATION LIMITED; KRISHNA RAJ SINGH [LAWS(CHH)-2016-7-80] [REFERRED]
DEVANAND VISHWANATH SHIRODKAR VS. STATE OF GOA [LAWS(BOM)-1991-4-31] [REFERRED TO]
ADANI PORTS AND SPECIAL ECONOMIC ZONE LIMITED VS. BOARD OF TRUSTEES OF (JAWAHARLAL NEHRU PORT) AUTHORITY [LAWS(BOM)-2022-6-138] [REFERRED TO]
HCIL-HCLL (JV) VS. UNION OF INDIA [LAWS(ALL)-2013-10-41] [REFERRED TO]
MAHENDRA HIRAMAN MALLAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-3-164] [REFERRED TO]
MAHESH CHANDRA VS. ZILA PANCHAYAT MAINPURI [LAWS(ALL)-1996-7-95] [REFERRED]
ABHILASHA COMMERCIAL PVT LTD, NOIDA VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-5-15] [REFERRED TO]
BAXALTA BIOSCIENCE INDIA PVT. LTD. VS. THE STATE OF TELANGANA, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, HYDERABAD, REPRESENTED BY ITS PRINCIPAL SECRETARY, AND OTHERS [LAWS(APH)-2017-3-18] [REFERRED TO]
ZAGGLE PREPAID OCEAN SERVICES PVT. LTD VS. RASHTRIYA ISPAT NIGAM LTD [LAWS(APH)-2022-1-75] [REFERRED TO]
AGILE SECURITY FORCE PRIVET LIMITED VS. SOUTH CENTRAL RAILWAY [LAWS(APH)-2021-11-21] [REFERRED TO]
ESCROMATO PRIVATE LTD. VS. SUMA GHOSH [LAWS(CAL)-2019-4-304] [REFERRED TO]
INDIAN HAIR INDUSTRIES LTD VS. TIRUMALA TIRUPATI DEVASTHANAMS [LAWS(APH)-2011-11-28] [REFERRED TO]
NIVITHA ENTERPRISES VS. APCPDCL [LAWS(APH)-2013-3-45] [REFERRED TO]
CYANO PHARMA (P) LIMITED AND ORS. VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2015-8-44] [REFERRED TO]
SCHENCK PROCESS INDIA LIMITED VS. BANGALORE METRO RAIL CORPORATION LTD [LAWS(KAR)-2012-8-719] [REFERRED]
INDERMANI MINERAL (INDIA) PRIVATE LIMITED VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-2-103] [REFERRED TO]
ELECON ENGINEERING COMPANY LIMITED VS. GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED [LAWS(GJH)-2002-9-29] [REFERRED TO]
WIPRO GE MEDICAL SYSTEMS LTD. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2000-11-5] [REFERRED]
GORSI CONSTRUCTION PRIVATE LIMITED VS. UNION OF INDIA [LAWS(HPH)-2011-7-26] [REFERRED TO]
PHILIP MATHEW VS. KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD. [LAWS(KER)-2016-8-105] [REFERRED TO]
FLEMINGO DUTY FREE SHOP PVT. LTD. VS. UNION OF INDIA [LAWS(KER)-2017-8-119] [REFERRED TO]
Chennai Metropolitan Water VS. Khrunichev State Research and Production Space Centre [LAWS(MAD)-2004-10-126] [REFERRED TO]
MITSUI BABACOCK ENERGY INDIA PRIVATE LIMITED MBE IPL VS. UNION OF INDIA [LAWS(ORI)-2000-1-6] [REFERRED TO]
M VENNILA VS. TAMIL NADU PUBLIC SERVICE COMMISSION [LAWS(MAD)-2006-6-83] [REFERRED TO]
WELFARE THRIFT AND MULTIPURPOSE CO OPERATIVE SOCIETY LIMITED VS. STATE OF ORISSA [LAWS(ORI)-2000-4-10] [REFERREDTO 8]
BHARATI SHIPYARD PVT LTD VS. PARADEEP PORT TRUST [LAWS(ORI)-1994-5-4] [REFERRED TO]
STATE OF JAMMU & KASHMIR VS. M/S NATIONAL INDIA CONSTRUCTION COMPANY [LAWS(J&K)-2017-2-11] [REFERRED TO]
M/S. ZEEL CORPORATION VS. THE FOOD CORPORATION OF INDIA [LAWS(GJH)-2018-5-117] [REFERRED TO]
KALPRAJ DHARAMSHI VS. KOTAK INVESTMENT ADVISORS LIMITED [LAWS(SC)-2021-3-36] [REFERRED TO]
SHREE BALAJI HERBO LABS VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2017-12-14] [REFERRED TO]
ESTECO COAL SERVICES LIMITED VS. KARNATAKA POWER CORPORATION LIMITED [LAWS(KAR)-1996-7-22] [REFERRED TO]
MONTECARLO LIMITED VS. GUJARAT RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED [LAWS(GJH)-2021-7-528] [REFERRED TO]
TATA CELLULAR VS. UNION OF INDIA [LAWS(SC)-1994-7-97] [REFERRED TO]
LANDIS GYR LIMITED VS. GENERAL MANAGER ELE PROCUREMENT [LAWS(KAR)-2011-1-19] [REFERRED TO]
KHANNA PAPER MILLS LTD. VS. GUJARAT STATE BOARD OF SCHOOL TEXTBOOKS [LAWS(GJH)-2021-9-44] [REFERRED TO]
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GAJENDRA VS. STATE OF M P [LAWS(MPH)-2010-5-47] [REFERRED TO]
KINECO PVT LTD VS. WEST CENTRAL RAILWAYS [LAWS(MPH)-2010-7-65] [REFERRED TO]
JAIPRAKASH INDUSTRIES LTD. VS. SARDAR SAROVAR NARMADA NIGAM LTD. [LAWS(GJH)-1991-4-39] [REFERRED TO]
PIUSHKUMAR JAYANTILAL GANDHI TRUSTEE VS. RAMESHCHANDRA GORDHANBHAI PATEL [LAWS(GJH)-2005-5-43] [REFERRED TO]
INDIAN CHARGE CHROME LTD VS. UNION OF INDIA [LAWS(ORI)-2001-5-15] [REFERRED TO]
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GRAHAM SATYAM SHANKARANARAYARAN JV PARTNERSHIP VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-1996-8-26] [REFERRED]
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NATARAJA DETONATOR LTD VS. COMMISSIONER OF WOMEN DEVELOPMENT AND CHILD WELFARE HYDERABAD [LAWS(APH)-1997-8-116] [REFERRED TO]
MARGADARSI BOREWELLS VS. SINGARENI COLLERIES CO LTD [LAWS(APH)-1997-2-23] [REFERRED TO]
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GODAVARI POLYMERS PVT LIMITED SECUNDERABAD VS. AGRICULTURAL PRODUCTION COMMISSIONER GOVERNMENT OF A P HYDERABAD [LAWS(APH)-2003-12-41] [REFERRED TO]
SHENYANG FURUKAWA CABLE VS. TRANSMISSION CORPORATION OF ANDHRA PRADESH [LAWS(APH)-2008-12-90] [REFERRED TO]
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AGRICO (INDIA) VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-1994-3-24] [REFERRED TO]
UTPAL KUMAR BASU VS. OIL AND NATURAL GAS COMMISSION OF INDIA [LAWS(CAL)-1993-12-28] [REFERRED TO]
INDIAN HUME PIPE CO. LTD. VS. STATE OF U.P. [LAWS(ALL)-2019-11-49] [REFERRED TO]
RASHTRIYA PARIYOJANA NIRMAN NIGAM VS. UNION OF INDIA [LAWS(GAU)-1996-6-1] [REFERRED TO]
SARGOUS TOURS AND TRAVELS VS. UNION OF INDIA [LAWS(GAU)-2003-8-27] [REFERRED TO]
SARGOUS TOURS AND TRAVELS VS. UNION OF INDIA [LAWS(GAU)-2003-8-10] [REFERRED TO]
VXL INDIA LIMITED VS. MAHARASHTRA STATE ELECTRICITY BOARD [LAWS(BOM)-1991-1-25] [REFERRED TO]
P.PRABHU VS. SECRETARY [LAWS(MAD)-2019-10-171] [REFERRED TO]
A.K.PRAVEENAKUMARI VS. TAMIL NADU PUBLIC SERVICE COMMISSION [LAWS(MAD)-2019-3-590] [REFERRED TO]
CENTRAL COALFIELDS LIMITED AND ANOTHER VS. SLL-SML (JOINT VENTURE CONSORTIUM) AND OTHERS [LAWS(SC)-2016-8-54] [REFERRED TO]
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MAHENDRA LABS PRIVATE LIMITED BANGALORE VS. STATE OF KARNATAKA [LAWS(KAR)-2001-9-51] [REFERRED TO]
BOSKALIS WESTMINSTER DREDGING VS. NEW MANGALORE PORT TRUST MANGALORE [LAWS(KAR)-1994-11-40] [FOLLOWED ON]
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JAY BEE ENERGY SERVICES PVT LTD VS. OIL INDA LTD [LAWS(GAU)-2002-1-26] [REFERRED TO]
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NOKIA SIEMENS NETWORKS PRIVATE LIMITED VS. UNION OF INDIA [LAWS(APH)-2009-8-60] [REFERRED TO]
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RAJIB LOCHAN DAS VS. INDIAN OIL CORPORATION LIMITED & OTHERS [LAWS(CAL)-2018-4-37] [REFERRED TO]
BARODA ROAD TANKERS VS. DEPUTY GENERAL MANAGER-LPG NORTH ZONE-HINDUSTAN PETROLEUM CORPORATION LTD [LAWS(DLH)-2015-1-6] [REFERRED TO]


JUDGEMENT

RANGANATHAN - (1.)THE petitioner is aggrieved by the award of a contract by the Karnataka Power Corporation Ltd. (KPC), an instrumentality of the State of Karnataka, in favour of the Mysore Construction Co. (MCC). His writ petition and a further writ appeal in the Karnataka High Court having been unsuccessful, he has preferred this Special Leave Petition from the judgment of the High Court in the writ appeal. We have heard counsel for both sides at length. We grant special leave and proceed to dispose of the appeal.
(2.)THOUGH, at an earlier stage of the proceedings there were some allegations of favouritism, the plea of the petitioner, as urged before us, is that the KPC should not at all have entertained the tender of MCC as the MCC did not fulfill certain preliminary requirements which, under the Notification Inviting Tenders (NIT), had to be fulfilled even before the forms of tender could be supplied to any intending contractor.
The contract pertained to the construction of a Main Station Building of a Power House at the Raichur Thermal Power Plant at an estimated cost of about Rs. 1.8 crores. The NIT dated 27-12-1988 invited tenders from registered contractors of appropriate class. Paragraph I of the notification listed three "Minimum qualifying requirements" viz., that the intending tenderer:

(1) should have executed civil and architectural works including insulation in a power plant/ industrial complex, preferably in power plant;

(2) should have executed at least 1000 cubic metres per month of concrete pouring at least 300 cubic metres per month of brick work at one site; and

(3) should have had an annual turnover of at least 1 crore for each of the preceding three years.

Para V required the intending tenderers to furnish the following information "along with the application for issue of blank tender books", namely:

(a) Audited Balance Sheet/ Certificate from Chartered Accountant for, preceding three years;

(b) Latest income-tax clearance certificate;

(c) Copy of the Registration Certificate;

(d) Annual output of the works of all the above nature at any site accompanied by a certificate from the organisation for whom the tenderer had carried out the works furnishing details such 'as rate of pouring ofconcrete, manufacturing of hollow concrete blocks, precast concrete blocks... .etc., and period of completion scheduled/ envisaged, equipments and their deployment i.e., man months etc.

The NIT specified 17/01/1989, as the last date for receipt of application forms for issue of blank tender books. The issue of blank tender books was to be between 23rd January to 27th January, 1989 and the completed tender books had to be submitted by 3-00 p. m. on 6-2-89. It is common ground, however, that subsequently this time frame was altered. The last date for receipt of application form for issue of blank tender books remained as 17/01/1989 but the other items were altered to read as follows: JUDGEMENT_488_2_1990Html1.htm

(3.)IT appears that six parties applied for tender books. These were scrutinised with reference to the pre-qualifying requirements and date on experience, work done etc. as furnished by each of the applicants. Four of the firms were found to be pre-qualified by the Chief Engineer and tender books were issued to them. Only three of them, however, submitted completed, tender books by 27/02/1989. These tenders were examined by the Chief Engineer as well as an independent firm of Engineering Consultants, namely, Tata Consulting Engineers (TCE). Both the Chief Engineer as well as TCE recommended acceptance of the tender of MCC (which was the lowest tender) in view of the fact that MCC had adequate experience in the construction of RCC works and they were capable of mobilising the work-force required. for the work. IT may be mentioned that after making necessary adjustments 'IT was found that the tender of MCC was Rs. 15 lacs less than the tender of the petitioner.
The principal argument advanced on. behalf of the petitioner is that paragraphs I and V of the NIT specified certain prequalifying requirements. Unless these requirements were fulfilled, the contractor was not even entitled to be supplied with a set of tender documents. It is submitted that MCC did not comply with these requirements and hence its application for tender forms should have been rejected at the outset.

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