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
Startups and Legal Compliance: A Guide to Navigating Indian Laws
Navigating legal compliance is crucial for startups to establish a strong foundation and ensure sustainable growth. In India, understanding and adhering to applicable laws can be complex but essential. Here’s a concise guide to help startups stay compliant: 1. Incorporation ...
75% Eligibility Condition For Admission To Sports Quota ‘Unwarranted & Discriminatory
The Supreme Court has held that the eligibility condition of minimum 75% marks does not promote the object of introducing the sports quota, and such criterion subverts the object and falls afoul of the equality clause in Article 14 of ...
Dowry Death Case | Supreme Court Surprised At HC Using Same Dying Declaration To Convict Husband While Disbelieving It For Father-in-Law
The Supreme Court, while acquitting a convict in a dowry death case, emphasized the critical importance of ensuring that a dying declaration is trustworthy and reliable, and inspires confidence when it is considered the sole basis for a criminal conviction. ...
Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence : SC
The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence. “It is only in cases wherein an amount which is out and out non-recoverable, towards which a ...
Buyer Not Complying With Timeline For Payment Can't Seek Specific Performance Of Agreement To Sell : Supreme Court
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 ...
SC Issues Notice On PIL Seeking Action Against Doctors Who Do Not Prescribe Generic Medicines
The plea said that affordability of medicines is a vital factor that contributes to effective healthcare delivery and the realization of the ‘right to health’ The Supreme Court on Friday issued notice on a PIL seeking disciplinary actions against doctors ...
Speak With Our
Get a Appointment