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Case Comment: Manohar Lal V. Narendra Damodardas Modi




Saloni Bhatt, University of Petroleum and Energy Studies

FACTS OF THE CASE

This case is popularly known as the RAFEAL FIGHTER JET CASE.

It was led by Hon’ble Judges mainly, Ranjan Gogoi, K.M. Joseph, Sanjay Kishan Kaul. In 2007, the ministry of defense of India, led by Congress UPA Government, requested to purchase 126 fighter Aircrafts.

The French business Dassault Aviation makes the twin-engine, midsize, multi-role combat aircraft known as the Rafale. Rafale, according to Dassault, has the 'Omni role' capability to carry out many tasks concurrently. For instance, it can launch air-to-air missiles at a very low altitude, fire air-to-ground missiles, and make interceptions all within the same sortie.

The aircraft is equipped with an on-board oxygen generation system (OBOGS), which eliminates the requirement for ground support or liquid oxygen re-filling.

The whole process of Identifying good Aircrafts took a long time for India as before purchasing and investing in a good amount it must be ascertained that which Aircraft is the best to buy.

After a long time, in 2012 Government agreed with Dassault Rafale Aircraft2, a private French Company with the lowest bid. It was agreed that 18 Aircraft would be purchased by the Dassault in a ‘’ Fly away’’ condition and 108 Aircrafts would be manufactured by HAL – Hindustan Aeronautic Limited in India. For many years, it was not concluded even after the agreement made.

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Indian Journal of Law and Legal Research

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