Can’t Seek Immunity From Legal Provisions Because Contract

Can’t Seek Immunity From Legal Provisions Because Contract In President’s Name: SC

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.

Latest Supreme Court
Search Here

Latest Posts

Card image

Indian Penal Code

The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first law commission of India ...

Card image

Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness : Supreme Court

In a notable judgment, the Supreme Court has held that a document can produced during cross-examination in a civil trial to confront a party to the suit or a witness. The Court also held that there is no distinction between ...

Card image

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial

The Supreme Court on Thursday (October 19) set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. ...

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

Navigating Cyber Crime Laws in India: A Legal Perspective

The rapid proliferation of digital technologies has transformed India’s social, economic, and professional landscape. While digitalization brings efficiency and innovation, it also exposes individuals and businesses to cybercrime risks. As a lawyer in India, it is crucial to understand the ...

Card image

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 ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law