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

Builder–Buyer Disputes in India: Legal Remedies Beyond Court Litigation

Builder–buyer disputes have become one of the most common legal issues in India’s real estate sector. Delays in possession, unilateral changes in project plans, poor construction quality, refund refusals, and misleading commitments have affected thousands of home buyers across the ...

Card image

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 ...

Card image

Navigating the Complexities of Corporate & Commercial Laws: Key Considerations for Businesses

In today's dynamic business landscape, understanding and complying with corporate and commercial laws are paramount for organizations aiming to thrive and expand. From formation and governance to contractual relationships and regulatory compliance, adherence to legal frameworks is essential for maintaining ...

Card image

Anti-Money Laundering (AML) Compliance: Best Practices for Law Firms

In today's globalized economy, money laundering poses a significant threat to financial systems and institutions, including law firms. As facilitators of various financial transactions, law firms are often targeted by money launderers seeking to legitimize illicit funds. Anti-Money Laundering (AML) ...

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 ...

Card image

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 ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law