JUDGMENTS Terms Of Invitation To Tender Are Not Open To Judicial Scrutiny Unless They Are Arbitrary, Discriminatory Or Mala Fide : Supreme Court Observing that the terms of invitation to tender are not open to judicial scrutiny, the Supreme Court set aside a Delhi High Court's order which had quashed the Airport Authority of India's tender conditions for selecting Ground...
JUDGMENTS
Observing that the terms of invitation to tender are not open to judicial scrutiny, the Supreme Court set aside a Delhi High Court's order which had quashed the Airport Authority of India's tender conditions for selecting Ground Handling Agencies(GHA) agencies at Group D Airports.
A bench comprising Justices MR Shah and Krishna Murari observed that the Delhi High Court committed a "serious error" by entertaining a writ petition at the instance of a third party- an advocacy group called Centre For Aviation Policy -when none of the GHAs challenged the tender conditions. Hence, the writ petition should have been dismissed on the ground of locus standi(Airports Authority of India versus Centre for Aviation Policy).
Highlighting this, a Bench of Justices MR Shah and Krishna Murari observed, "Once the order of termination was approved by the Industrial Tribunal on appreciation of evidence led before it, thereafter the findings recorded by the Industrial Tribunal were binding between the parties. No contrary view could have been taken by the Labour Court contrary to the findings recorded by the Industrial Tribunal."
A Bench of Justices MR Shah and Krishna Murari observed that the purpose of compassionate appointment is to enable the family to tide over the sudden crisis, i.e., after the death of the sole bread-winner.
Even otherwise, the Court said that the respondent won't be entitled to appointment on compassionate ground that a number of years had passed from the death of the deceased employee.
"Even the averments and allegations in the plaint with respect to fraud are not supported by any further averments and allegations how the fraud has been committed/played. Mere stating in the plaint that a fraud has been played is not enough and the allegations of fraud must be specifically averred in the plaint, otherwise merely by using the word "fraud", the plaintiffs would try to get the suits within the limitation, which otherwise may be barred by limitation", a Bench of Justices MR Shah and Krishna Murari explained.
The bench of Justices M.R. Shah and Krishna Murari held that if any dispute falls within the 'excepted' category provided in the contract between the parties, then it falls outside the scope of arbitration, therefore, no arbitration can happen apropos those matters.
Highlighting this, a Bench of Chief Justice UU Lalit, Justices S Ravindra Bhat and Sudhanshu Dhulia observed, "In a case of circumstantial evidence, the Court has to scrutinize each and every circumstantial possibility, which is placed before it in the form of an evidence and the evidence must point towards only one conclusion, which is the guilt of the accused. In other words, a very heavy duty is cast upon the prosecution to prove its case, beyond reasonable doubt."
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Rule Of Law Greatly Dependent On Independence Of Judiciary : Justice BV Nagarathna
Recently, the Supreme Court bench comprising of Justices D.Y. Chandrachud and Hima Kohli partly allowed an application moved by the Municipal Corporation of Greater Mumbai seeking modification of an earlier interim order seeking permission to carry out certain work pertaining to the Mumbai Coastal Road Project. The said Coastal Road Project is an infrastructure project, being undertaken to 'seamlessly connect south and north Mumbai'.
Satellite Mapping And Geo Fencing Required To Detect Encroachments: Supreme Court
In an order passed, the Supreme Court of India observed that modern technologies for Satellite mapping of lands and buildings and geo fencing are required to detect encroachments. A Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka observed, "It is necessary that the modern technologies for Satellite mapping of lands and buildings to detect encroachments and unauthorized/illegal constructions and Geo fencing of lands/premises for prompt monitoring and control takes place."
The Supreme Court bench of Justices DY Chandrachud and Hima Kohli recently ordered that the stay granted by the Bombay High Court against the Reserve Bank of India's order cancelling the license granted to Rupee Co-Op Bank will stand restricted till October 31, 2022.
The Top Court also directed that the appellate authority under Section 22(5) of the Banking Regulation Act 1949 shall take up the appeal for final disposal on 17 October 2022 and complete the disposal of the appeal on or before 31 October 2022.
Disposing of the review petition filed by Axis Bank, the Court stated that the observations in the judgment were made in the context of the facts of the case. The Court refused to accept the argument of Solicitor General of India that certain observations made in the judgment could be interpreted in a manner that might be contrary to the aims and objects of the IBC and render the law infructuous.
The Ministry of Home Affairs, on behalf of the Union of India and the Union Territory of Jammu and Kashmir has filed a response along with the Election Commission of India before the Supreme Court opposing the pleas challenging the formation of the Delimitation Commission.
Additional Solicitor General Aiswharya Bhati and amicus curiae Devashish Bharuka submitted before the Court that the model agreement will have Part A which will have core clauses with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 for the protection of the home buyers and Part B which will contain additional clauses as per the requirements of the individual States/UTs. However, these additional clauses will not be contrary to or dilute in any manner the clauses in Part 'A'.
The Bar Council also directed a stay on the upcoming elections of the High Court Bar Association of the Jaipur Bench and elections of any other Bar Associations in order to ensure a fair and transparent elections. The Council had observed that, "the unruly, indecent and rustic behaviour in the course of the election should strictly be checked. If one voter is allowed to exercise his voting rights in more than one Bar Association, then the sanctity of such election becomes questionable."
The bench also asked the State and Union Territories to file the present status regarding implementation of the Maintenance and Welfare of Parents and Senior Citizens Act and asked them to furnish the information to the Advocate-on-Record of the Union of India and the Union shall thereafter file a revised status report within one month thereafter.
The Court further held the Arbitration and Conciliation Act casts a duty upon the arbitral tribunal to give reasons as to how it deems the rate of interest to be reasonable. Moreover, the Court held that no interest would be payable for the period on which there were lapses on the part of the award holder.
The Court clarified that the State government is not entitled to a premium when the land is not allotted to a society but to a builder on lease, who has constructed flats for private individuals, who in turn formed a Co-operative Society.
A bench comprising Justices Ajay Rastogi and CT Ravikumar made these observations while considering a special leave petition challenging an order granting bail to an accused in a murder case. The petitioner informed the Court that the examination of prosecution witness was getting adjourned despite the mandate under Section 309 of the Code of Criminal Procedure.
A Bench comprising Justices Sanjiv Khanna and J.K. Maheshwari directed the Registry to list and tag the plea with another petition titled Commissioner of Service Tax, Delhi-IV v. M/s. Nortel Networks India Pvt. Ltd., which raises the same issue and is pending adjudication.
The said Coastal Road Project is an infrastructure project, being undertaken to 'seamlessly connect south and north Mumbai'. It is an about 29 kilometre long access controlled expressway that will connect Marine Lines in the south to Kandivali in the north. At present, the road segment between Marine Drive and Worli is under construction.
The Bar Council of India has condemned the attempts made by "some people with vested interests" to tarnish the image of Supreme Court judge Justice DY Chandrachud, who is next in line to be the Chief Justice of India.
Slamming a letter circulated by one Mr Rashid Khan Pathan raising allegations against Justice Chandrachud, the BCI said "it is nothing but a scurrilous and malicious attempt to interfere with the functioning of Judiciary and the administration of Justice." The timing of the letter was questioned, as it was released soon after the Union Law Minister requested the incumbent CJI UU Lalit to name his successor. The BCI noted that complaint purportedly lodged by RK Pathan, who claims to be the President of "Supreme Court and High Court Litigant Association", was made viral online, when Justice Chandrachud is likely to be elevated as the CJI.