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
UPSC CSE: No Interim Relief, Delhi High Court Asks CAT To Expeditiously Decide On Plea To Lower CSAT Cut-Off
The Delhi High Court on Wednesday asked the Central Administrative Tribunal to decide expeditiously the Plea seeking reduction in the cut off from 33% to 23% for qualifying Part II (CSAT) exam of 2023 Civil Services Examination conducted by UPSC ...
Legal Due Diligence Before Buying a Business or Startup in India
Why Legal Due Diligence Is Critical In India, when you acquire a business or startup — whether through share purchase, asset purchase, merger, or strategic investment — you may also inherit: Undisclosed tax liabilities Pending litigation Regulatory non-compliance Hidden shareholder ...
NRI Divorce and Child Custody Rights in India: What You Must Know
When NRIs (Non-Resident Indians) go through a divorce involving children, legal rights around custody, visitation, and jurisdiction often become complex. Key Points: Jurisdiction Matters: If the marriage was registered in India or the couple last lived here, Indian courts can ...
Recruitment Process -Last Date To Fulfil Eligibility Criteria Is Last Date To Submit Applications, In The Absence Of Any Specific Rule: Supreme Court
The Supreme Court emphasized that where there is an absence of any specific rule or prescription, the last day for fulfilling eligibility is the last date of submission of the application. The Court made the observation while refusing the benefit ...
ADR in Real Estate & Construction Disputes | Fast-Track Legal Solutions
The real estate and construction sector in India is one of the fastest-growing industries, but it is also one of the most dispute-prone. Delays in possession, payment disputes, contractor disagreements, quality issues, and non-compliance with project timelines often lead to ...
Supreme Court Clarifies Jurisdiction of State Agencies in Corruption Cases Again
The 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 of India has recently delivered a judgment of far-reaching significance in the context of corruption prosecutions involving Central Government employees. Although the matter was argued on behalf of the petitioner and the decision ultimately went against us, ...
Speak With Our
Get a Appointment