AIR 2001 SUPREME COURT 2313 ::2001 AIR SCW 2043 ::2001 (6) SCC 46 ::(2001) 4 Scale 13 ::(2001) 3 SCJ 233 ::2001 (3) LRI 111 ::2001 (4) Supreme 28 ::2001 (1) JT (Supp) 189 ::2001 (6) SRJ 225

Supreme Court Of India

(From : Gauhati)*

Hon'ble Judge(s): B. N. Kirpal, Ruma Pal , JJ

(A) Assam Excise Act (1 of 1910) , S.36— Assam Excise Rules (1945) , R.206— Liquor shop - Tender issued - Tenderer not furnishing all particulars required to be given in tender form - His tender is liable to be rejected - Rule 206 is mandatory. @page-SC2314W. A. No. 349 of 1999, D/- 7-3-2000 (Gauhati), Reversed. The language of R. 206 is clear and unambiguous. It not only says that the tenders must be in their required Form but also stipulates the consequence of non-compliance thereto, the consequence being that the tenders not containing all the particulars 'shall be liable to be rejected'. Rule 206 is therefore mandatory. In the instant case the tenderer merely made a general statement that she will receive financial assistance from her father, her sister and her sister's husband. No documents or even affidavits or any other particulars were furnished along with the tender which she had submitted. It was not indicated whether she had any cash in hand or whether she even had any bank balance. Under these circumstances, her tender had to be rejected in compliance with the provisions of R. 206 (2).(Para 9) (B) Assam Excise Act (1 of 1910) , S.36— Assam Excise Rules (1945) , R.223(2)— Liquor shop - Settlement - Preference to educated unemployed - Person who is appearing....