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
🏠 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐥𝐢𝐬𝐭 𝐁𝐞𝐟𝐨𝐫𝐞 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐧𝐠 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚𝐧 𝐑𝐞𝐚𝐥 𝐄𝐬𝐭𝐚𝐭𝐞 (2025 𝐄𝐝𝐢𝐭𝐢𝐨𝐧)
𝐍𝐑𝐈 𝐨𝐫 𝐇𝐍𝐈? 𝐃𝐨𝐧’𝐭 𝐈𝐧𝐯𝐞𝐬𝐭 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐓𝐡𝐞𝐬𝐞 7 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐬! Real estate remains one of the most trusted investment avenues for 𝐍𝐑𝐈𝐬 𝐚𝐧𝐝 𝐇𝐍𝐈𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚. But with rising frauds, title disputes, and compliance issues—a beautiful property can become a ...
Judicial Decorum vs. Legal Expression: Balancing Dissent with Discipline in India’s Courtrooms
🏛️ The Incident That Sparked a National Conversation The recent events in the Supreme Court of India have reignited a fundamental debate — where does a lawyer’s right to expression end and duty to maintain decorum begin? A courtroom is ...
Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence : SC
The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence. “It is only in cases wherein an amount which is out and out non-recoverable, towards which a ...
BREAKING | Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules 'NN Global' Decision
A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence. ...
Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court
Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and ...
Inheritance and Succession Laws for NRIs
📢 Inheritance and Succession Laws for NRIs Understanding inheritance and succession laws is crucial for Non-Resident Indians (NRIs) to manage their assets and ensure smooth transfer to their heirs. Here's a concise guide to these laws for NRIs, including key ...
Speak With Our
Get a Appointment