RAJSEKHAR GOGOI versus STATE OF ASSAM AND ORS.

RAJSEKHAR GOGOI versus STATE OF ASSAM AND ORS.

Rule 206 of the Assam Excise Rules, 1945 is mandatory. Failure to furnish requisite particulars, especially regarding financial capability, renders the tender liable to rejection. The authorities must be enabled to verify financial capability at the threshold.

Parties
Appellant: Rajsekhar Gogoi; Respondents: State of Assam and Others
Jurisdiction
India
Judgment Date
03 May 2001
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed.
Legal Topics
Country Liquor Shop Settlement, Tender Rules, Financial Capability Verification
Excise Law Administrative Law Country Liquor Shop Settlement Tender Rules Financial Capability Verification

Case Brief

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Parties

Rajsekhar Gogoi

Appellant

State of Assam and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether Rule 206 of the Assam Excise Rules, 1945 is mandatory regarding tender particulars
  2. 2 Whether omission to furnish financial particulars justifies rejection of tender

Ratio Decidendi

Rule 206 of the Assam Excise Rules, 1945 is mandatory. Failure to furnish requisite particulars, especially regarding financial capability, renders the tender liable to rejection. The authorities must be enabled to verify financial capability at the threshold.

Court Disposition

Appeal allowed.

Orders

  • Decision of Division Bench of Gauhati High Court set aside.
  • Decision of Single Judge restored.