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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 Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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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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Madras High Court Dismisses Petitions Challenging Package Tendering System for Road Works. Policy Decision to Reintroduce Package System Upheld as Valid Executive Action Under Article 226 of Constitution of India.

The case involves a batch of writ petitions filed by individual contractors challenging the Government Order G.O.(Ms) No.162, Highways & Minor Ports (...

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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Hotel Agreement Termination Dispute. Court holds that no part of cause of action arose within its territorial jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rockwood Hotels & Resorts Limited, a company with its registered office in Mumbai, filed a petition under Section 9 of the Arbitration...