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
Anti-Money Laundering (AML) Compliance: Best Practices for Law Firms
In today's globalized economy, money laundering poses a significant threat to financial systems and institutions, including law firms. As facilitators of various financial transactions, law firms are often targeted by money launderers seeking to legitimize illicit funds. Anti-Money Laundering (AML) ...
Prashant Mishra, KV Viswanathan Take Oath As Supreme Court Judges
By India, Today News Desk: Justice Prashant Kumar Mishra and senior advocate KV Viswanathan were sworn-in as Supreme Court judges on Friday, a day after the Central government cleared the appointment of the advocates. New Union Law Minister Arjun Meghwal took to ...
S.138 NI Act | Proceedings For Cheque Dishonour Need To Be Quashed Once Complainant Signs Deed Accepting Amount In Final Settlement : Supreme Court
In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court has ruled that once the settlement has been arrived at and the complainant has signed the deed, the proceedings under ...
Supreme Court Notice To Airlines, Regulator Over Pee-Gate Victim’s Petition
New Delhi: The Supreme Court Monday agreed to examine the plea of a 72-year-old woman, on whom a male co-passenger allegedly urinated on board an Air India flight in November last year, seeking a direction to the Centre, aviation regulator DGCA ...
Freezing of Bank Accounts by ED/GST/Police – Legal Remedies Explained
Has your bank account suddenly been frozen by the Enforcement Directorate, GST authorities, or police investigation? For businesses and individuals alike, a frozen bank account can bring operations to an immediate halt. Why Bank Accounts Are Frozen by Authorities Authorities ...
Corporate Social Responsibility and Legal Obligations - Navigating the Legal Aspects of CSR Initiatives
Corporate Social Responsibility (CSR) has evolved from a voluntary initiative to a crucial component of modern business strategy. In today's globalized economy, companies are expected to contribute positively to society while maintaining profitability. However, CSR is not just about corporate ...
Speak With Our
Get a Appointment