...them alleging default on their part in furnishing the details. Therefore, it could not be held responsible for delaying the tender process. It was, thus, argued that there was a concluded contract in...submitting the tender was also postponed and subsequently fixed as 11-8-2005.3. The appellant submitted its bid in respect of Plots Nos. 14, 15 and 17. The technical bids of...scrutinised by the Tender Committee of the Port Trust. Recommendations were placed before the Board of Trustees in its meeting held on 8-12-2005. It was followed by communication dated 7-1-2006 to the...

...could transfer the allotment to anyone else.3. Kisan Sahkari Chini Mills Ltd., Gadarpur, issued a tender notice (published in Amar Ujala dated 23-2-2004) inviting offers...Assistant Cane Commissioner, Udham Singh Nagar, specifying the name of the sugar mills from which they wanted to purchase molasses and the quantity. The tender had to be accompanied by an earnest money of...Rs 1,00,000 in respect of each sugar mill from which the tenderer wanted to buy molasses.4. In response to the tender notice, the first respondent and others submitted their...

...submitted its Tender No. SM-I/104524. This tender was accepted by the respondent which concluded a contract between the parties. The respondent's case was that the said contract was governed by general.... We have already noticed that in response to the advertisement published by the respondent in the Indian Trade Journal the appellant submitted its tender. It is common-ground that the tender thus...are relevant. They deal with the security deposit. Clause 4(a) provides that on acceptance of the tender the contractor shall at the option of the Secretary, Department of Supply and within the period...

...equipment and construction work including consultancy services. Last date for submission of the tender was 30-6-1984. The appellant-Nigam, an Undertaking of State of U.P had purchased tender...had accepted the same by letter dated 27-6-1984. The appellant by letter dated 28-2-1986 disputed the existence of the arbitration agreement and also asserted that no concluded contract existed...their arbitrator to adjudicate the dispute intimating in their letter appointment of the arbitrator on their part. From this there emerged a concluded contract containing clause (14) providing for...

..., that the respondent had bid in response to the international tender published by Bangladesh Chemical Industries Corporation (hereinafter referred to as “BCIC”).6. The breach of...concurrent findings.7. The respective submissions on behalf of the parties have been considered by us. Briefly stated, BCIC floated an international tender for supply of...phosphoric acid. The respondent submitted its bid and was awarded an order for supply of 30,000 MT. The appellant had signed a backup support agreement with the respondent for supplies in case the tender...

...into a concluded contract and the person so making the tender would become the buyer of the goods. No Rule or order was brought to our notice which permitted the Chief Conservator either to waive...to Condition 5 to which acceptance of the tender was subject to, the purported acceptance was not a valid one, there was no concluded contract and therefore neither Condition 8 nor Rule 30(3)(e) became....9. The conditions, subject to which the said tenders could be validly made, were that the person making such a tender had to deposit on the spot 25 per cent of the purchase price as the...

...to call for tenders in respect of those shops. After the tenders were duly received, the Government accepted the tender in respect of one shop and rejected the other tenders as it was again of the...calling tenders which may be for individual local area or for lots of such area as the Excise Commissioner may consider proper.2. Tender notice shall be...such manner as the Excise Commissioner considers necessary.3. The tender notice shall, among other things, mention that it is open to the State...

...hand, it was contended by the defendant KFC that there was no concluded contract and Ext. A-2 has not been accepted by the plaintiff. According to them, Ext. B-1 was only a tender notice and the suit...published by KFC in Mathrubhumi Malayalam daily inviting tenders from intending buyers for purchase of the property. The last date for submission of the tender was 31-10-1988. Pursuant to the same, only one...bidder i.e one Vincent Paul, submitted the tender quoting an amount of Rs. 7.5 lakhs as bid amount and also deposited the earnest money of Rs. 10,000 as stipulated in the tender notice. On the same...

...Contract Act as being opposed to public policy. The main ground in the show-cause notice was that the allotment was without issuance of tender and was opposed to public policy. On 27-7-2005, the...appellant only the appellant was singled out for cancellation whereas hundreds of allotments made without issuance of tender were allowed to remain, which is also a matter of record.... Again on 4-4-2006, the appellant had sought for further information in respect of 15 cases similar to the case of the appellants regarding whether disposal was by tender or without tender, whether the...

...tender inquiry would be confirmed separately. According to the revisionist the counter offer submitted by the respondent No. 1 was not accepted by the revisionist, hence there was no concluded contract between...stand of the respondent was that there was a concluded contract. The difference was only in respect to shipping terms and all other conditions in the tender were accepted by the respondent No. 1. One...such tender offer was made by the respondent No. 1. The offer was accepted with certain modifications by the revisionist. It is very difficult to accept at this stage that there was no concluded contract. The...

...and Beekay also entered the field. Among them admittedly M/s H.D.C, Mukand and Bhartiya are bigger manufacturers having capacity to manufacture larger quantities. On October 25, 1991 a limited tender...import of steel scrap and dispensation of freight equalisation fund for steel. The tenders were put up and placed before the Tender Committee of the railways which considered all the aspects. The...apparently formed a cartel. The Tender Committee also noted that the rates quoted by them were the lowest. Taking into consideration the reduction of Rs 1500 as a result of the concessions in respect of...

...(1982) 2 SCC 365, regarding rights of the bidder in participating in auction process and contended that though the bidders can participate in the tender process, they will not...bound to accept the highest tender or bid and the government authority could validly retain its power either to accept or reject the highest bid in the interest of public revenue. In support of this...laid down the legal principle that the bidder who has participated in tender process has no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids...

...tender notice was Rs 95,000, the appellant's bid of Rs 92,001, being the highest, was accepted by the Divisional Forest Officer. The petitioner thereafter deposited the security amount of Rs 23,800...and upheld the validity of the settlement in favour of the 6th respondent.5. The special conditions in the tender notice makes it clear that the Divisional Forest Officer....3. The contention of the appellant in the writ petition was that there was a concluded contract when the bid of the appellant was accepted by the Divisional Forest Officer...

..., had the authority to accept or to refuse the bid not only as per terms and condition No.4 of the tender notice but also as per the delegation made by HUDA on 13.9.1989 under section 51 of the Act...apart, when we see the terms and condition No.4 of the tender notice, subject to which auction was held, provided thus : "4. The presiding officer reserves the...365. It has been repeatedly pointed out that State or the authority which can be held to be State within the meaning of Article 12 of the Constitution is not bound to accept the highest tender or bid...

...Sailors at Naval Air Station, Arakkonam” by the Union of India, an advertisement was issued; pursuant whereto the appellant submitted its tender on or about 9-7-1988/17-7-1988 marked as Exhibit C-2...and partnership deed are enclosed as required.”A post script added thereto reads as under:“When our tender is opened and the...:(a) The labour component in the work is 20% as included under Special Condition 17 on serial p. 94 of the tender and not 40% as referred to by you...

...the scope of the controversy, a few facts may be stated. On March 21, 1968, a notice of Global Tender No. 1 of 1968 was issued by the President of India, therein referred to as the Government of India...enclosed the general conditions of tender, special conditions of tender, instructions to tenderers, including proforma for performance guarantee and deed bonds as in clauses 4-A and 4-B, shipping terms.... The special conditions of tender dealt with prices, quotations, payments, terms of shipment, weighment, basis of sales and handling at ports, force majeure, arbitration, legal jurisdiction...

...of India acting through the DGS&D.2. The DGS&D invited tenders for ACSR Conductors. The tender forms were issued by the DGS&D along with the Schedule which...by their letter dated June 9, 1979 submitted their tender to the DGS&D for certain quantity of ACSR Conductors on the terms and conditions set out in the Schedule which was submitted by them along...with the tender. The appellants stipulated in clause 4 of the Schedule that delivery would commence after 30 days from the date of receipt of commercially and technically clear detailed order from...

...appellant and also for the loss of his reputation and goodwill. The claim was resisted as the tender offered by the respondent was accepted subject to certain terms and conditions and as the respondent...appellant. But a perusal of Exhibit 3-B indicates that the tender was accepted by the appellant therefore, the courts below did not commit any error of law in recording the finding that it was a case...been found, both, by the trial court and the High Court that the letter dated August 10, 1968 Exhibit 3-B issued by the appellant resulted into a concluded contract. The courts below have further held...

...post-copy of the telegram of acceptance of the tender, the receipt of which was itself disputed by the party, was signed by one S.S Bajaj, Deputy Director of Purchase purporting to be “For and on...Constitution. The question about the competence of the Deputy Director to accept the tender “For and on behalf of the President of India” was generally raised by the respondent at the very outset when he said...in his objections to the Award that “there was no valid or unconditional offer of the petitioners contained in tender dated October 31, 1958 by the respondent in the name of President of India or...

...respondent was the lowest tenderer. Therefore, his tender was accepted for the year 1990-91. A formal agreement was entered into on 12-10-1990. The respondent was to supply 15 lakh containers of 250 ml...that the appellant never declined the request for enhancement of rate. These averments would indicate that, even according to the respondent, no concluded contract to vary the rate had come into...practice, which must be deprecated in no uncertain terms, no evidence favourable to the respondent could be obtained. The witnesses asserted that no concluded contract to vary the prices had come into...