Tender conditions need not be construed as the law of the Medes and the Persians - rigid and unalterable. Supreme Court while considering the question of due compliance of tender conditions by the bidder reiterated that owner or the employer of a project is the best person to understand and appreciate its requirements and interpret its documents. Constitutional courts should interfere only if there is mala fide or perversity in the understanding or appreciation. Om Gurusai Construction Company...

Kerala High Court dismisses a frivolous litigation preferred against 48 high ranking government officers. Revision petitioner alleged that all the 48 accused had committed offences like forgery, conspiracy, cheating, violence, breach of trust and even disobeyed the directions of law. After considering the materials on record and the statement of the defacto complainant, the learned Magistrate found no sufficient ground for proceeding against the accused and dismissed the complaint under secti...

Expediate posting of anticipatory bail applications, including anticipatory bail applications where 'not to arrest' order is in force.: Kerala High Court issued direction to Registrar (Judicial) in an initiative to facilitate timely disposal of anticipatory bail applications M.A. Mohanan Nair v. State of Kerala & Ors. Hon'ble Mr. JusticeA. Badharudeen Decided on 26th July, 2023 For Petitioner : Adv. Anila Umesh For Respondent : Adv. P. G. Manu (PP) Reported by Preethi Anne Alex ...

Supreme Court sets aside the impugned order of the High Court that disposed of the second appeal as if it was a first appeal without framing a substantial question of law. It is a mandatory requirement under S. 100 CPC that at the time of admitting the regular second appeal, substantial question(s) of law must be framed, on the basis of which the arguments must be advanced and a decision given thereon. In the present case since the High Court has not adverted to the substantial questions of la...

Kerala High Court confirms the conviction and sentence imposed on the husband who hanged his wife after striking her with the handle of a spade. The accused contested the case submitting that it is a case of suicide and not homicide. Considering the totality of circumstances and the evidence tendered the Court held that the evidence given by witnesses would indicate that the accused used to pick up quarrels and used to assault the deceased doubting her chastity and evidence tendered by child e...