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
Protecting Your Rights in Family Law Matters: Legal Solutions for NRIs ⚖️
Navigating family law matters can be especially challenging for Non-Resident Indians (NRIs) who may face unique legal complexities. Whether dealing with divorce, child custody, or property disputes, understanding your rights and available legal solutions is crucial. Here are some key ...
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 ...
Children Of Invalid Marriages Have Right In Their Parents’ Share In Hindu Joint Family Property : Supreme Court
The Supreme Court on Friday (September 1) pronounced a judgment recognizing the rights of children born out of invalid marriages in their parents’ share in Hindu joint family property. The Court held that children born out of void/voidable marriages are ...
Adolescent Privacy Rights: A Critical Issue in India’s Evolving Digital Landscape
The rapid advancement of technology has transformed the lives of adolescents in India, providing unprecedented access to information, social connectivity, and learning tools. However, this digital revolution has also created a complex challenge—safeguarding the privacy of adolescents who are increasingly ...
Estate Planning and Succession Laws for NRIs: A Comprehensive Guide
Estate Planning and Succession Laws for NRIs: A Comprehensive Guide Estate planning is not just a necessity; it's a critical step in securing your family’s future, ensuring the seamless transfer of assets, and minimizing legal complications. For Non-Resident Indians (NRIs), ...
SC removes barrier, allows deaf lawyer Sarah Sunny to argue in sign language; interpreter’s speed amazes CJI, SG
The Supreme Court in India has started allowing sign language interpretation for hearing impaired lawyers, demonstrating that not everything needs to be spoken aloud in court. In a recent case, a deaf advocate was permitted to virtually argue with the ...
Speak With Our
Get a Appointment