Can’t Seek Immunity From Legal Provisions Because Contract

Card image

Can’t Seek Immunity From Legal Provisions Because Contract In President’s Name: SC

By Team EOS |

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.

Latest Supreme Court

Latest Posts

Card image

Empowering Dispute Resolution: How Technology is Shaping the Future of ADR

🎯 The Role of Technology in Enhancing ADR Processes The advent of technology has transformed virtually every industry, and the field of Alternative Dispute Resolution (ADR) is no exception. ADR processes, including mediation, arbitration, and negotiation, have traditionally relied on ...

Card image

International Arbitration: Navigating Cross-Border Disputes with ADR

As global business transactions increase, so do the risks of cross-border disputes. When parties from different countries find themselves in conflict, traditional litigation can be slow, costly, and fraught with jurisdictional complexities. This is where Alternative Dispute Resolution (ADR)—specifically, international ...

Card image

SC : Divorce Can Be Granted On ‘Grounds Of Irretrievable Breakdown’

The Supreme Court on May 1 held that it can use its extraordinary powers to do “complete justice” under Article 142 of the Constitution and dissolve a marriage on the ground of ‘irretrievable breakdown’ of the union. Usually, the apex ...

Card image

AI and Big Data in Legal Case Management

The integration of artificial intelligence (AI) and big data into legal case management is revolutionizing the way law firms and legal professionals operate. These technologies offer unprecedented opportunities to streamline processes, enhance decision-making, and improve client outcomes. The Role of ...

Card image

KnowTheLaw | Can NRIs Buy Agricultural Land in India?

🌾 No — NRIs are not allowed to purchase agricultural land, plantation property, or farmhouses in India, as per RBI guidelines. However, they can inherit or receive such land as a gift from a resident Indian. 📌 Important: Violating this ...

Card image

S.106 Transfer Of Property Act | Onus On Tenant To Prove That Premises Was Leased For Manufacturing Purpose: Supreme Court

The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, has held that in order to attract the application of Section 106 of the Transfer of Property Act, 1882, which requires 6 months’ notice for termination of lease, ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law