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
Contract Law in the Digital Age: How E-Contracts Are Transforming Legal Agreements
In today's fast-paced, technology-driven world, traditional paper-based contracts are swiftly being replaced by electronic contracts, or e-contracts. This shift is transforming the way legal agreements are created, executed, and enforced. Here’s an in-depth look at how e-contracts are revolutionizing contract ...
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 ...
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 ...
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, ...
SC Ruling On User Development Fee Provides Guidance For GST, Tax On Royalty
The SC had held that UDF collected by the DIAL is in the nature of statutory levy and the same would not be taken as consideration against any services.A recent judgment by the Supreme Court (SC) on the user development fee (UDF) collected by the Delhi International Airport Limited (DIAL) ...
CJI DY Chandrachud Launches e-DHCR Portal, calls it 'Powerful Platform' For Digital Publication of Judgments of Public Importance
Chief Justice of India, Justice DY Chandrachud, on Monday launched the e-DHCR portal, a user friendly official platform for reporting the judgments of Delhi High Court. CJI Chandrachud said that the initiative marks a “profound shift” in ensuring the democratized ...
Speak With Our
Get a Appointment