Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contract: Notice inviting tenders-Condition for depositing Earnest Money-State/Central Government and Public Sector Undertakings exempted from the condition-Party not holding requisite licence for the work challenged the condition of the tender-High Court by its interim order granted liberty to the party to participate in tender process with condition to deposit the Earnest money by famishing Bank Guarantee or Bankers Cheque within 3 days of opening of tender-Order of Single Judge set aside by Division Bench of High Court-On appeal, held: Order of Single Judge was illegal and amounted to totally altering the notice inviting tenders-Terms of invitation to tender are not open to-judicial scrutiny the same being in the realm of contract, unless they are wholly arbitrary, discriminatory or actuated with malice-Party also not holding requisite licence for the work-The exemption in favour of State/Central Government and Public Sector Undertakings is based on rationale criteria-Government is always treated as a separate 'class-Code of Civil Procedure, 1908-order XXVII Rule 8A. State electricity Board issued notice inviting tenders for sale of its surplus power to different State Electricity Boards or Power Utilities through Power Trading Agencies. With every quotation Earnest Money was required to be paid. However, the Central/State Government Organisations and Public Sector Undertakings were exempted from submission of Earnest Money. The total unit of power intended to be traded by the electricity Board was 1471 million units. For trading over 1000 million units of power, licence of category 'F' was required. Appellant possessed an interim licence of category 'A' on the basis of order passed by High Court. Appellant-Company challenged the condition requiring submission of Earnest Money and prayed for direction to the Board to accept and evaluate their bid without deposit of Earnest Money. Single Judge of High Court passed interim order granting liberty to the appellant to participate in the tender process in response to the notice inviting tenders, subject to the condition of their depositing the earnest money by furnishing a Bank Guarantee or Bankers' cheque by a particular date (i.e. within 3 days after the tender was opened). Letters Patent appeals filed by respondent-Company was allowed by Division Bench of High Court. In appeal to this Court, appellant contended that condition requiring deposit of Earnest Money by Power Utilities other than Central/State Government and Public Sector Undertakings was discriminatory and illegal; that its tender being higher than that of respondent-Company would bring more profit to the Electricity Board. Respondent-Company contended that a clause regarding deposit of Earnest Money in the notice inviting tender cannot be altered or changed by Court, the said clause being in the realm of contract; and that appellant was not technically qualified to be awarded the contract for sale of electricity, in absence of possessing requisite licence. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 251 |
Petitioner | Global Energy Ltd And Anr. |
Respondent | Mis. Adani Exports Ltd. And Ors. |
SCR | [2005] 3 S.C.R. 1108 |
Judgement Date | 2005-05-03 |
Case Number | 2988 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |