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
Judicial Decorum vs. Legal Expression: Balancing Dissent with Discipline in India’s Courtrooms
🏛️ The Incident That Sparked a National Conversation The recent events in the Supreme Court of India have reignited a fundamental debate — where does a lawyer’s right to expression end and duty to maintain decorum begin? A courtroom is ...
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 ...
What Should You Do if a False Criminal Case or FIR is Filed Against You in India?
What should you do if you suddenly discover that a criminal case or FIR has been filed against you based on false allegations? Unfortunately, misuse of criminal law to settle personal disputes, business conflicts, or property disagreements is not uncommon ...
ED Summons Under PMLA: What to Do and What Not to Do (Complete Legal Guide)
Receiving a summons from the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) can be intimidating. For many individuals—business owners, directors, promoters, professionals, or even family members—an ED summons creates panic, confusion, and fear of arrest. ...
Stop Misleading Advertisements, Will Impose Rs 1 Crore Cost On Every Product Claiming False Cure: Supreme Court To Patanjali Ayurved
The Supreme Court on Tuesday (November 21) reprimanded the Patanjali Ayurved for continuing to publish misleading claims and advertisements against modern systems of medicine. While considering a petition filed by the Indian Medical Association against misleading advertisements, the bench comprising ...
SC Criticises Trend Of Seeking Bail Under Guise Of Challenging Validity Of PMLA In Money Laundering Cases
Article 32 of the Constitution gives individuals the right to approach the Supreme Court if they feel their fundamental rights have been violated. Supreme Court on Tuesday deprecated the trend of the accused in money laundering cases using Article 32 ...
Speak With Our
Get a Appointment