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

Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court

The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the ...

Card image

#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 ...

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

SC : Divorce Can Be Granted On ‘Grounds Of Irretrievable Breakdown’

The Supreme Court on May 1 held that it can use its extraordinary powers to do “complete justice” under Article 142 of the Constitution and dissolve a marriage on the ground of ‘irretrievable breakdown’ of the union. Usually, the apex ...

Card image

Motor Accident Claims – Social Status Of Deceased To Be Considered If There’s No Definite Proof Of Income: Supreme Court

The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal (MACT). The apex court expressed disappointment over the approach taken by the High Court in evaluating the evidence and reinstated the MACT’s verdict. The Court ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law