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Showing posts with label tender. Show all posts
Showing posts with label tender. Show all posts

Sep 6, 2011

Tata Cellular Vs Union of India [(1994) 6 SCC 651]


In this regard, theHon'ble Supreme Court laid down the areas of scope of judicial review in tender process

"69. A tender is an offer. It is something which invites and is communicated to notify acceptance. Broadly stated, the following are the requisites of a valid tender :

1. It must be unconditional.

2. Must be made at the proper place.

3. Must conform to the terms of obligation.

4. Must be made at the proper time.

5. Must be made in the proper form.

6. The person by whom the tender is made must be able and willing to perform his obligations.

7. There must be reasonable opportunity for inspection.

8. Tender must be made to the proper person.

9. It must be of full amount." 

May 13, 2011

Kerala Financial Corporation Vs Vincent Paul & Anr

Hon’ble Supreme Court of India observed on 14.03.11 as under

"A highest bidder in public auction cannot have a right to get the property or any privilege, unless the authority confirms the auction sale, being fully satisfied that the property has fetched the appropriate price and there has been no collusion between the bidders.
In the matter of sale of public property, the dominant consideration is to secure the best price for the property to be sold. This can be achieved only when there is maximum public participation in the process of sale and everybody has an opportunity of making an offer. It becomes a legal obligation on the part of the authority that property be sold in such a manner that it may fetch the best price."