Can’t Seek Immunity From Legal Provisions Because Contract
Can’t Seek Immunity From Legal Provisions Because Contract In President’s Name: SC
|
Defending the Centre, ASG argued that the contract in the case stands on a different footing as it is entered into in the name of the President.
The Union of India cannot demand an immunity from the operation of pertinent legal provisions just because a contract is in the name of the President of India, the Supreme Court ruled on Friday.
A bench, comprising Chief Justice of India Dhananjaya Y Chandrachud and justices PS Narasimha and JB Pardiwala, interpreted Article 299 of the Constitution to hold that the central government, as a party to a contract, cannot wriggle out of statutory bars by arguing that the contract is in the name of the President of India.
Article 299 provides that all contracts in the exercise of the executive power of the union or of a State shall be expressed to be made by the President or by the Governor of the State, and all such contracts will be executed by a person duly authorized in that behalf.
“Having considered the purpose and object of Article 299, we are of the clear opinion that a contract entered into in the name of the President of India, cannot and will not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract,” held the judgment, authored by justice Narasimha.
Post Categories
Featured Posts
Latest Posts
Latest Posts
Can One Poorly Drafted Agreement Lead to Years of Litigation?
Why Smart Businesses Invest in Legal Clarity Before Signing, Not After a Dispute Begins In business, partnerships are built on trust.Transactions are built on opportunity.But when disputes arise, courts do not interpret trust—they interpret documents. One poorly drafted agreement, one ...
Legal Framework for Virtual Court Hearings: Challenges and Opportunities
The advent of virtual court hearings marks a significant evolution in the judicial system, reshaping traditional courtroom dynamics. While this shift brings efficiency and accessibility, it also introduces unique challenges and opportunities that require careful consideration within the legal framework. ...
Remote Work and Employment Law in India: Navigating Legal Implications for Employers and Employees
Remote Work and Employment Law in India: Navigating Legal Implications for Employers and Employees The rise of remote work, accelerated by the COVID-19 pandemic, has fundamentally changed the way businesses operate and employees engage with their work. While remote work ...
Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court
Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and ...
Get Online Pass To Enter Supreme Court Premises
The Supreme Court on Thursday launched ‘SuSwagatam’, a new initiative to generate entry passes online to help those who need to visit the court premises for various purposes. Chief Justice of India (CJI) D Y Chandrachud on Thursday announced the ...
Repatriation of Funds and Investments: Legal Guidelines for NRIs
For Non-Resident Indians (NRIs), repatriating funds and investments back to their country of residence is a crucial aspect of financial management. However, navigating the legal landscape can be complex. Here are essential guidelines NRIs should follow to ensure smooth and ...
Speak With Our
Get a Appointment