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
Adultery No Longer A Criminal Offence In India, Rules Supreme Court
The Rajya Sabha has passed the Jammu and Kashmir The court underlined that Section 497 treats women as properties of their husbands and is hence manifestly discriminatory. It trashed the central government’s defense of Section 497 that it protects sanctity ...
SC Criticises Trend Of Seeking Bail Under Guise Of Challenging Validity Of PMLA In Money Laundering Cases
Article 32 of the Constitution gives individuals the right to approach the Supreme Court if they feel their fundamental rights have been violated. Supreme Court on Tuesday deprecated the trend of the accused in money laundering cases using Article 32 ...
Understanding Indian Constitutional Laws: A Brief Overview
Introduction: Indian Constitutional Law is the backbone of the country's legal system, laying down the framework for governance, rights, and duties of citizens, and the functioning of various institutions. Enshrined in the Constitution of India, adopted on January 26, 1950, ...
Get Online Pass To Enter Supreme Court Premises
The Supreme Court on Thursday launched ‘SuSwagatam’, a new initiative to generate entry passes online to help those who need to visit the court premises for various purposes. Chief Justice of India (CJI) D Y Chandrachud on Thursday announced the ...
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, ...
Cheque Case Against Firm’s Partner Can Be Quashed Only On Strong Evidence That He Didn’t Have Any Concern With Issuing Cheque : Supreme Court
The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques. ...
Speak With Our
Get a Appointment