2026 SCC Vol. 4 Part 2: Key Supreme Court Cases on Arbitration, Government Contracts, & IBC
Explore the latest Supreme Court Cases in 2026 SCC Vol. 4 Part 2 on demurrer, speculative purchasers, public auction, and more.
government contracts and tenders
Marginal technical score difference in tender bidding can’t justify interference with owner’s commercial decision: Supreme Court
The Court held that Constitutional Courts should not exercise an “ex-ante jurisdiction” to pre-empt executive decisions in such matters, as doing so would undermine the contractual discretion vested in the authority.
Tender condition requiring experience in supply of sports kit within State of Chhattisgarh for past 3 yrs violates Arts. 14 & 19: SC
“Impugned tender condition on past performance was arbitrary, unreasonable and discriminatory and did not have any rational nexus to the object of ensuring effective supply of Sports Kits to the children in State”.
2022 SCC Vol. 5 Part 2
Civil Procedure Code, 1908 — Or. 41 Rr. 4 & 33, Ss. 96, 100 and Or. 20 R. 18 — Partition suit
State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court
“Equity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.”
NMRCL’s decision to grant tender to China Railway Rolling Stock is based on commercial wisdom, hence, valid
Supreme Court: The Bench of Dipak Misra and Amitava Roy, JJ held that the concept of “Government owned entity” cannot be conferred
The condition to put a spectrum cap and make a classification not allowing certain entities to bid is not arbitrary
Supreme Court: Refusing to interfere with the principle of capping adopted in the Notice Inviting Application-2015 (NIA) for allocation of spectrums in