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
Navigating the Complexities of Corporate & Commercial Laws: Key Considerations for Businesses
In today's dynamic business landscape, understanding and complying with corporate and commercial laws are paramount for organizations aiming to thrive and expand. From formation and governance to contractual relationships and regulatory compliance, adherence to legal frameworks is essential for maintaining ...
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 ...
Members Of Railway Protection Force Can Seek Benefit Under Employees Compensation Act Though RPF Declared As An Armed Force: Supreme Court
The Supreme Court on Monday (26.09.2023), held that an officer of the Railway Protection Force (RPF) can seek compensation under Employees Compensation Act, 1923 even though the RPF has been declared to be an armed force of the Union. “..in ...
Prashant Mishra, KV Viswanathan Take Oath As Supreme Court Judges
By India, Today News Desk: Justice Prashant Kumar Mishra and senior advocate KV Viswanathan were sworn-in as Supreme Court judges on Friday, a day after the Central government cleared the appointment of the advocates. New Union Law Minister Arjun Meghwal took to ...
Understanding Section 11: Why Minors Cannot Contract | Know the Law
📘 Can a Minor Enter Into a Contract? ❌ Absolutely Not.As per Section 11 of the Indian Contract Act, 1872, a person must be of the age of majority (i.e., 18 years or 21 in certain guardianship cases) to enter ...
Supreme Court: BCI Rules For Candidate Seeking Enrolment As Advocate To Have Completed Law Course From Recognized College Are Valid
The Supreme Court Friday held as valid the rules framed by the Bar Council of India requiring candidates seeking enrolment as an advocate to have completed their law course from a college recognized by the top Bar body. A vacation ...
Speak With Our
Get a Appointment