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
𝐋𝐞𝐠𝐚𝐥 𝐄𝐭𝐡𝐢𝐜𝐬 & 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥𝐢𝐬𝐦: 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐓𝐫𝐮𝐬𝐭 𝐢𝐧 𝐭𝐡𝐞 𝐋𝐞𝐠𝐚𝐥 𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐲
🔹 𝑰𝒏𝒕𝒆𝒈𝒓𝒊𝒕𝒚. 𝑨𝒄𝒄𝒐𝒖𝒏𝒕𝒂𝒃𝒊𝒍𝒊𝒕𝒚. 𝑪𝒐𝒏𝒇𝒊𝒅𝒆𝒏𝒕𝒊𝒂𝒍𝒊𝒕𝒚. These pillars define a true legal professional. But in today’s fast-paced legal landscape, how do we maintain them? ✔ 𝑼𝒑𝒉𝒐𝒍𝒅𝒊𝒏𝒈 𝑪𝒍𝒊𝒆𝒏𝒕 𝑪𝒐𝒏𝒇𝒊𝒅𝒆𝒏𝒕𝒊𝒂𝒍𝒊𝒕𝒚: A lawyer’s duty is to protect sensitive information—breaching it damages trust. ✔ 𝑨𝒗𝒐𝒊𝒅𝒊𝒏𝒈 ...
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 ...
ADR in Family Law: Benefits and Challenges
Alternative Dispute Resolution (ADR) has become a pivotal tool in family law, offering a way to resolve disputes without the need for contentious court battles. At Eos Chambers, we've observed the growing reliance on ADR methods such as mediation, arbitration, ...
Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court
The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits. It is the duty of the insurance company ...
Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court
Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the ...
Delhi pollution: Supreme Court seeks report from Centre's air quality panel
The Supreme Court on Tuesday sought a report from the Commission for Air Quality Management (CAQM) on the steps being taken to control air pollution in and around Delhi. The Supreme Court on Tuesday sought a report from the Commission ...
Speak With Our
Get a Appointment