Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender Rule of Precedence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tender "'- Rejection of bid on ·the ground of non- compliance of one of the terms of the tenders viz. filing of latest income tax return - Held: Filing of income tax return was not an essential, but only a collateral term - Hence rejection of bid (m this ground not justified.Tender - Rejection of bid - By the authority on the ground of non-compliance of one of the terms of tender - • Courts below also upheld the rejection on that ground and did not discuss or analyse non-compliance of another term - In appeal to Supreme Court plea regarding non-compliance of another term, raised - Held: The party cannot advert to the E ground, to which the tendering authority had not adverted to - A party cannot be permitted to travel beyond the stand adopted in its (earlier decision - New plea - Raising of - Permissibility.Precedent - Rule of precedence - Doctrine of stare decisis - Held: The significant characteristic of doctrine of stare decisis is that the judgment withstands the onslaught of time and metamorphoses into high authority, demanding reverence and adherence.Practice and Procedure - Court proceedings - Practice of citing innumerable decisions - Held: Results in capital exhaustion of court time - The correct approach is to predicate arguments on the decisions which hold the field. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2013 INSC 606 |
Petitioner | Rashmi Metaliks Ltd. & Anr. |
Respondent | Kolkata Metropolitan Development Authority & Ors. |
SCR | [2013] 17 S.C.R. 345 |
Judgement Date | 2013-09-11 |
Case Number | 6772 |
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