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
ADR in Family Law: Benefits and Challenges
Alternative Dispute Resolution (ADR) has become a pivotal tool in family law, offering a way to resolve disputes without the need for contentious court battles. At Eos Chambers, we've observed the growing reliance on ADR methods such as mediation, arbitration, ...
#𝐊𝐧𝐨𝐰𝐓𝐡𝐞𝐋𝐚𝐰 | 𝐂𝐚𝐧 𝐘𝐨𝐮 𝐅𝐢𝐫𝐞 𝐚𝐧 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐍𝐨𝐭𝐢𝐜𝐞?
YES! 🚫 𝐎𝐧𝐥𝐲 𝐢𝐧 𝐞𝐱𝐜𝐞𝐩𝐭𝐢𝐨𝐧𝐚𝐥 𝐜𝐚𝐬𝐞𝐬 — like proven misconduct, criminal activity, or if the employment contract specifically permits termination without notice. 🧾 𝐔𝐧𝐝𝐞𝐫 𝐭𝐡𝐞 𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐢𝐚𝐥 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬 𝐀𝐜𝐭, 1947, and state-specific Shops & Establishment Acts, arbitrary dismissal can invite legal ...
Adoption Rights for LGBTQ+ Couples: Legal Challenges in India
We recognize that the right to adopt is one of the most debated and sensitive issues for LGBTQ+ couples in India. Despite increasing societal awareness and progressive judicial rulings, the Indian legal framework still presents substantial challenges for LGBTQ+ individuals ...
EVMs Non-Tamperable, Demand For 100% VVPAT Verification Regressive: Election Commission Tells Supreme Court
Ahead of the 2024 Lok Sabha elections, the Election Commission of India (ECI) has staunchly defended electronic voting machines (EVM) as ‘non-tamperable’, both owing to technological measures and strict administrative and security procedures designed by the commission. In a recent ...
𝐄𝐦𝐛𝐫𝐚𝐜𝐢𝐧𝐠 𝐋𝐞𝐠𝐚𝐥 𝐓𝐞𝐜𝐡𝐧𝐨𝐥𝐨𝐠𝐲: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐒𝐡𝐚𝐩𝐢𝐧𝐠 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐋𝐚𝐰
In today's rapidly evolving digital landscape, the legal industry stands at the precipice of transformation. As advancements in technology redefine the way we work, communicate, and interact, the realm of law is not immune to these revolutionary changes. At Eos ...
FEMA Regulations Simplified: A Guide for NRIs and Businesses
FEMA (Foreign Exchange Management Act) governs cross-border financial transactions in India. Whether you’re an NRI or a foreign company, understanding FEMA is crucial to ensure compliance. ✅ 🔑 Key Areas Covered by FEMA🔹 Investment: Rules for NRIs & foreign investors ...
Speak With Our
Get a Appointment