• I want judgment copy of Mumbai high court and Supreme Court

Sir i have applied for govt.transport tender.,the officer concerned is denying me tender stating that 
FIR is lodged against me and hence i will not be alloted the transport tender.3 FIR is lodged in the year 2014-2015.till now only charsheet is filed in only 1 FIR.

i want to know whether mere FIR can stop me from getting tender ?

i want judgment copies in similler case of mumbai high court and supreme court of india
Asked 8 years ago in Civil Law

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6 Answers

You have to give more details of your case. Judgements are applicable in fact situation of each case.

So without getting full details of your case no citations can be be supplied.

More than decisions look for whether the Rules prescribes for such bar or not. if not then you can get relief by filing writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1) if terms and conditions stipulate that bidder should not have any pending criminal case then you would be disqualified from submitting your bid . you can file writ petition to challenge rejection of your bid

2) Pawan Kumar Vs. State of Bihar & Ors." reported in 2009 4 PLJR 104 and in "Atlas Transport Company Vs. State of Maharashtra" reported in (2004) 3 MhLJ 809, it has been held that , pendency of a criminal case cannot be a ground for excluding the bid of a tenderer from consideration.

3) a person may be implicated on false accusations and, if on the ground of pendency of a criminal case a tenderer is excluded from the zone of consideration, it would lead to most arbitrary result and it would amount to a punishment with irreparable injury.

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

The conditions for disqualifying the tender should be gone through properly to understand the underlying law in allotting the tender.

If the conditions do not permit you to apply for the same, you may not be eligible for it.

However if there is no such condition then you may issue a legal notice to the authority asking for the reasons for rejecting the application or can drag them to the court with an injunction suit restraining them from processing the tender or contract before finalising your application as per law or provisions.

For judgments you can browse the internet legal websites.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

"whether the State Government can be compelled to do business with a person against whom a criminal case has been registered", which needs to be considered particularly, in cases of grant of exclusive privilege in favour of a tenderer. In "Commissioner of Police, New Delhi & Anr. Vs. Mehar Singh", reported in (2013) 7 SCC 685, dealing with the submission that under the Delhi Police Rules, past involvement of a person in a criminal case is not a disqualification for appointment, the Hon'ble Supreme Court held that even though, Rule 6 does not make a person with criminal antecedent ineligible, to conclude that antecedents of moral turpitude however grave, can be overlooked, does not stand to reason. In "Delhi Development Authority & Anr. Vs. UEE Electricals Engineering (P) Ltd. & Anr.", reported in (2004) 11 SCC 213, one of the Directors of the Company assaulted the Assistant Engineer of DDA and caused injury to him. The Works Advisory Board decided that the tender of the company should not be considered. The Hon'ble Supreme Court held that, "This is not a case where the Authority can be said to have acted in a malafide manner or with oblique motives. If the Authority felt that in view of the background facts, it would be undesirable to accept the tender, the same is not open to judicial review in the absence of any proved malafide or irregularity".

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

In "Michigan Rubber (India) Ltd. Vs. State of Karnataka & Ors.", reported in (2012) 8 SCC 216, the Hon'ble Supreme Court has held that, "In the matter of formulating conditions of a tender document and awarding a contract, greater latitude is required to be conceded to the State authorities unless the action of the tendering authority is found to be malicious and a misuse of its statutory powers, interference by courts is not warranted".

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

What are the sections slapped against you in the FIR?

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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