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
Law's Outcome Depends On Who Wields The Law In Their Hands : CJI DY Chandrachud
Chief Justice of India, DY Chandrachud recently spoke on how justice and the outcome of the law depends on who is wielding the law in their hands. When the law is wielded with compassion, it is capable of producing justice, ...
Legal Challenges in Remote Work : Solicitors' Guide
Introduction: As remote work continues to redefine the modern workplace, it brings with it a host of legal considerations that businesses and employees must navigate. From data protection to employment law and contractual obligations, the shift to remote work presents ...
SC On Aadhaar: Important Takeaways From The Recent Verdict
The Supreme Court ruled that Aadhaar, the ambitious public scheme that uses biometric data to generate unique identification numbers for citizens, is constitutionally valid, but with conditions. Here are the key takeaways from today’s verdict. Read More >
Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court
Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and ...
Supreme Court Refuses To Interfere With HC Order Allowing Delhi University To Use CLAT Score For 5 Yr LLB Admissions In 2023-24
The Supreme Court on Monday(September 25) refused to interfere with the interim order passed by the Delhi High Court allowing the University of Delhi to admit students in the 5 year LL.B course of its Faculty of Law on the ...
Corporate Social Responsibility and Legal Obligations - Navigating the Legal Aspects of CSR Initiatives
Corporate Social Responsibility (CSR) has evolved from a voluntary initiative to a crucial component of modern business strategy. In today's globalized economy, companies are expected to contribute positively to society while maintaining profitability. However, CSR is not just about corporate ...
Speak With Our
Get a Appointment