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
Supreme Court Stays High Court Order On Old Pension Scheme For Paramilitary Forces
The Supreme Court on Friday stayed the Delhi High Court judgment which held that the old pension scheme (OPS) will be implemented in the Central Paramilitary Forces (CAPF). During a brief hearing, a bench of Justices Sanjeev Khanna and Bela ...
Builder–Buyer Disputes in India: Legal Remedies Beyond Court Litigation
Builder–buyer disputes have become one of the most common legal issues in India’s real estate sector. Delays in possession, unilateral changes in project plans, poor construction quality, refund refusals, and misleading commitments have affected thousands of home buyers across the ...
Central Civil Service Rules , Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings…
The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority. It is not necessary that the inquiry officer should be a public servant. The ...
Supreme Court To Form Panel Of Experts To Evaluate “Carrying Capacity” Of Hilly Areas
In order to determine the “carrying capacity” of overcrowded hill stations in Uttarakhand, Himachal, and other Himalayan states affected by landslides, the Supreme Court on Monday decided to form a panel of experts on environment and climate studies from government institutions. A ...
Freezing of Bank Accounts by ED/GST/Police – Legal Remedies Explained
Has your bank account suddenly been frozen by the Enforcement Directorate, GST authorities, or police investigation? For businesses and individuals alike, a frozen bank account can bring operations to an immediate halt. Why Bank Accounts Are Frozen by Authorities Authorities ...
An Exegesis On Criminal Offences: A Legal Discourse From The Pinnacle Of The Indian Judiciary
Index: Introduction Understanding Criminal Offences 2.1 Petty Offences 2.2 Cognizable Offences 2.3 Non-Cognizable Offences Consequences of Criminal Offences 3.1 Legal Consequences 3.2 Social and Personal Impact 3.3 Societal Costs Conclusion———————————— Introduction: Criminal offenses encapsulate acts that transgress established laws and regulations, warranting punitive measures imposed ...
Speak With Our
Get a Appointment