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Supreme Court Upholds Award of Contract to Successful Bidder in Tender Dispute, Setting Aside High Court's Interference. Judicial Review in Tender Matters is Limited to Examining Arbitrariness and Procedural Fairness, Not Re-evaluating Merits, Especially After Contract Execution Under the Tender Terms.

The dispute arose from a tender floated by Respondent for operation and maintenance of a gas-based power plant. The tender used a Quality and Cost Bas...

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Supreme Court Holds Public Procurement Policy for MSEs Enforceable, Issues Directions on Minimum Turnover Clauses. The Court ruled that the Procurement Order 2012 has force of law and that minimum turnover clauses must be proportionate, directing effective implementation of the 25% procurement mandate.

The petitioner, a Micro Enterprise and its founder, challenged the legality of minimum turnover clauses in government tenders that prevented their par...

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Bombay High Court Dismisses Petitions Challenging Termination of Highway Construction Contracts for Non-Compliance with Contractual Conditions. Court upholds termination based on failure to achieve prescribed milestones and maintain financial solvency under the National Highways Act, 1956.

The judgment involves two writ petitions filed by construction companies challenging the termination of contracts awarded by the Ministry of Road Tran...

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Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...