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
SC On Aadhaar: Important Takeaways From The Recent Verdict
The Supreme Court ruled that Aadhaar, the ambitious public scheme that uses biometric data to generate unique identification numbers for citizens, is constitutionally valid, but with conditions. Here are the key takeaways from today’s verdict. Read More >
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 ...
Delhi pollution: Supreme Court seeks report from Centre's air quality panel
The Supreme Court on Tuesday sought a report from the Commission for Air Quality Management (CAQM) on the steps being taken to control air pollution in and around Delhi. The Supreme Court on Tuesday sought a report from the Commission ...
DBS Bank Directors Can’t Be Prosecuted For Acts Of Lakshmi Vilas Bank Before Amalgamation : Supreme Court Quashes Criminal Case
The Supreme Court today ruled that DBS Bank and its directors, who were appointed after the amalgamation with Lakshmi Vilas Bank(LVB) and had their appointments approved by the Reserve Bank of India (RBI), cannot be held criminally liable for actions ...
Protecting Confidentiality: A Legal Guide to Non-Disclosure Agreements (NDAs) in India
In a rapidly growing business ecosystem, safeguarding sensitive information is paramount. For Indian businesses, Non-Disclosure Agreements (NDAs) have become crucial legal tools to protect trade secrets, proprietary information, client details, and more. This article explores NDAs from an Indian legal ...
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 ...
Speak With Our
Get a Appointment