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.