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march 1962

Supreme Court of India · 1962-03-01

STATE OF ASSAM vs TULSI SINGH

Citation / case number
SC 1962/60
Court
Supreme Court of India
Petitioner
STATE OF ASSAM
Respondent
TULSI SINGH
Author
B.P. SINHA,K. SUBBA RAO,N. RAJAGOPALA AYYANGARR. MUDHOLKAR,T.L. VENKATARMA AYYAR
Bench
B.P. SINHA, CJ,K. SUBBA RAO,N. RAJAGOPALA AYYANGAR,J.R. MUDHOLKAR,T.L. VENKATARMA AYYAR

Judgment text excerpt

The Supreme Court held that under Section 4 of the Northern India Ferries Act, 1878, the discretion of the officer conducting the auction is wide but must be based on relevant material. The Court found that rejecting a bid solely because the bidder's name appeared on a 'Special List' maintained by the Assam Government, which is not admissible under Section 35 of the Indian Evidence Act, constitutes non-compliance with Rule 19 of the Act. The High Court's decision to set aside the auction in favor of the highest bidder was upheld, emphasizing that the executive authorities must handle such matters, not the courts.

STATE OF ASSAM vs TULSI SINGH · Niyam