Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law Judicial review Scope of interference Contracts involving technical issues |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Writ Jurisdiction: Scope of interference in contractual matters involving State instrumentalities – Held: Courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or commercial matters – The writ courts should not easily interfere in commercial activities just because public sector undertakings or government agencies are involved – No doubt, the bodies which are State within the meaning of Art.12 of the Constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of restraint and caution – Constitution of India – Arts.32 and 226. Administrative Law: Contracts involving technical issues – Judicial review – Scope of interference – In contracts involving technical issues, the courts should be even more reluctant because of lack of expertise to adjudicate upon technical issues beyond their domain – Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder – Courts must also not interfere where such interference will cause unnecessary loss to the public exchequer – Courts should give way to the opinion of the experts unless the decision is totally arbitrary or unreasonable – The authority which floats the contract or tender, and has authored the tender documents is the best judge as to how the documents have to be interpreted – If two interpretations are possible then the interpretation of the author must be accepted – The courts will only interfere to prevent arbitrariness, irrationality, bias, mala fides or perversity. |
Judge | N/A |
Neutral Citation | 2019 INSC 696 |
Petitioner | Silppi Constructions Contractors |
Respondent | Union Of India And Anr. Etc. Etc. |
SCR | [2019] 10 S.C.R. 932 |
Judgement Date | 2019-06-21 |
Case Number | 13802 |
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