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
Inheritance and Succession Laws for NRIs
📢 Inheritance and Succession Laws for NRIs Understanding inheritance and succession laws is crucial for Non-Resident Indians (NRIs) to manage their assets and ensure smooth transfer to their heirs. Here's a concise guide to these laws for NRIs, including key ...
SC removes barrier, allows deaf lawyer Sarah Sunny to argue in sign language; interpreter’s speed amazes CJI, SG
The Supreme Court in India has started allowing sign language interpretation for hearing impaired lawyers, demonstrating that not everything needs to be spoken aloud in court. In a recent case, a deaf advocate was permitted to virtually argue with 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 ...
Empowering Dispute Resolution: How Technology is Shaping the Future of ADR
🎯 The Role of Technology in Enhancing ADR Processes The advent of technology has transformed virtually every industry, and the field of Alternative Dispute Resolution (ADR) is no exception. ADR processes, including mediation, arbitration, and negotiation, have traditionally relied on ...
𝐄𝐦𝐛𝐫𝐚𝐜𝐢𝐧𝐠 𝐋𝐞𝐠𝐚𝐥 𝐓𝐞𝐜𝐡𝐧𝐨𝐥𝐨𝐠𝐲: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐒𝐡𝐚𝐩𝐢𝐧𝐠 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐚𝐰
In today's rapidly evolving digital landscape, the legal industry stands at the precipice of transformation. As advancements in technology redefine the way we work, communicate, and interact, the realm of law is not immune to these revolutionary changes. At Eos ...
Repatriation of Funds: Guidelines for NRIs
Navigating the repatriation of funds as a Non-Resident Indian (NRI) can be complex, but understanding the guidelines can simplify the process and ensure compliance with Indian regulations. Here's a comprehensive overview to help NRIs manage their finances effectively. 1️⃣ ...
Speak With Our
Get a Appointment