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.
The Centre has informed the Supreme Court that transgender persons can avail the already earmarked reservations in jobs and educational admissions and there is no separate reservation being provided to them. In 2014, the top court directed the Centre and ...
The Supreme Court in a recent decision held that when a contract stipulates a specific time frame within which the consideration needs to be paid by the 'buyer' to execute the 'agreement to sale' by the 'seller', then the buyer ...
The Personal Data Protection Bill (PDP Bill) is a transformative piece of legislation aimed at safeguarding personal data and ensuring privacy in India. Here’s a concise overview of its key provisions and implications for businesses and individuals. Key Provisions of ...
𝐍𝐑𝐈 𝐨𝐫 𝐇𝐍𝐈? 𝐃𝐨𝐧’𝐭 𝐈𝐧𝐯𝐞𝐬𝐭 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐓𝐡𝐞𝐬𝐞 7 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐬! Real estate remains one of the most trusted investment avenues for 𝐍𝐑𝐈𝐬 𝐚𝐧𝐝 𝐇𝐍𝐈𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚. But with rising frauds, title disputes, and compliance issues—a beautiful property can become a ...
The Delhi High Court on Wednesday asked the Central Administrative Tribunal to decide expeditiously the Plea seeking reduction in the cut off from 33% to 23% for qualifying Part II (CSAT) exam of 2023 Civil Services Examination conducted by UPSC ...
The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the ...