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
Understanding Overseas Patients' Rights in India: A Guide for International Visitors
Introduction:India has emerged as a popular destination for medical tourism, attracting patients from across the globe seeking high-quality healthcare services at affordable costs. While the country offers world-class medical facilities and skilled healthcare professionals, it's essential for overseas patients 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 ...
Understanding the Legal Rights of NRIs in Indian Property Matters
Introduction: For Non-Resident Indians (NRIs), owning property in India is not just a financial investment but also a connection to their roots and heritage. However, navigating the legal landscape of property ownership in India can be complex, especially for those ...
Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court
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 ...
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 ...
𝐍𝐚𝐯𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚: 𝐀 𝐋𝐞𝐠𝐚𝐥 𝐆𝐮𝐢𝐝𝐞 𝐟𝐨𝐫 𝐍𝐑𝐈𝐬 🏡
Property disputes can be particularly challenging for Non-Resident Indians (NRIs) who may face issues like illegal possession, inheritance conflicts, and unclear property titles. Managing these disputes from abroad adds further complexity. Here are some essential legal tips for NRIs to ...
Speak With Our
Get a Appointment