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
NRIs and Taxation in India: Legal Tips for Compliance and Avoiding Disputes
Navigating the tax landscape in India can be challenging for Non-Resident Indians (NRIs). Understanding your tax obligations is crucial to avoid disputes and penalties. Here are some essential legal tips to help NRIs ensure compliance and protect their financial interests: ...
Row Over Services: Will Examine If Parliament Can Abrogate Constitutional Principles Of Governance For Delhi, Says Supreme Court
The Supreme Court has said a five-judge constitution bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services. The Centre recently issued an ...
Legal Due Diligence Before Buying a Business or Startup in India
Why Legal Due Diligence Is Critical In India, when you acquire a business or startup — whether through share purchase, asset purchase, merger, or strategic investment — you may also inherit: Undisclosed tax liabilities Pending litigation Regulatory non-compliance Hidden shareholder ...
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 ...
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 ...
Navigating Cyber Crime Laws in India: A Legal Perspective
The rapid proliferation of digital technologies has transformed India’s social, economic, and professional landscape. While digitalization brings efficiency and innovation, it also exposes individuals and businesses to cybercrime risks. As a lawyer in India, it is crucial to understand the ...
Speak With Our
Get a Appointment