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
Won’t interfere with firecracker ban in Delhi: SC
Ahead of the festive season, the Supreme Court on Wednesday said that it would not interfere with a decision of a state government if it decides to impose a complete ban on firecrackers, including green crackers, to check pollution level ...
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 ...
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. ...
Children Of Invalid Marriages Have Right In Their Parents’ Share In Hindu Joint Family Property : Supreme Court
The Supreme Court on Friday (September 1) pronounced a judgment recognizing the rights of children born out of invalid marriages in their parents’ share in Hindu joint family property. The Court held that children born out of void/voidable marriages are ...
Builder–Buyer Disputes in India: Legal Remedies Beyond Court Litigation
Builder–buyer disputes have become one of the most common legal issues in India’s real estate sector. Delays in possession, unilateral changes in project plans, poor construction quality, refund refusals, and misleading commitments have affected thousands of home buyers across the ...
FEMA Regulations Simplified: A Guide for NRIs and Businesses
FEMA (Foreign Exchange Management Act) governs cross-border financial transactions in India. Whether you’re an NRI or a foreign company, understanding FEMA is crucial to ensure compliance. ✅ 🔑 Key Areas Covered by FEMA🔹 Investment: Rules for NRIs & foreign investors ...
Speak With Our
Get a Appointment