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

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 ...

Card image

No Law Gives Right To Husband To Beat & Torture His Wife: Delhi High Court Grants Divorce To Woman On Ground Of Cruelty And Desertion

Synopsis The court was hearing an appeal by a woman challenging the decision of the trial court, whereby it has dismissed her petition seeking divorce from the man on the ground of cruelty and desertion While granting divorce to a woman ...

Card image

Cheque Case Against Firm’s Partner Can Be Quashed Only On Strong Evidence That He Didn’t Have Any Concern With Issuing Cheque : Supreme Court

The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques. ...

Card image

The Supreme Court’s Ruling on Same-Sex Marriage: What’s Next?

As legal professionals, we recognize the profound implications of the Supreme Court of India's recent deliberations on same-sex marriage. While the Court refrained from granting full marriage equality, the discussions have paved the way for significant legal discourse on LGBTQ+ ...

Card image

The Role of Legal Technology in Modern Law Practices: Embracing the Digital Shift

In today’s rapidly evolving legal landscape, the integration of technology has become more than just a trend—it’s a fundamental shift that is reshaping how legal professionals operate and deliver services. As we embrace this digital transformation, the role of legal ...

Card image

Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court

Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law