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
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 ...
Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court
The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the ...
ADR in Family Law: Benefits and Challenges
Alternative Dispute Resolution (ADR) has become a pivotal tool in family law, offering a way to resolve disputes without the need for contentious court battles. At Eos Chambers, we've observed the growing reliance on ADR methods such as mediation, arbitration, ...
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, ...
Anti-Money Laundering (AML) Compliance: Best Practices for Law Firms
In today's globalized economy, money laundering poses a significant threat to financial systems and institutions, including law firms. As facilitators of various financial transactions, law firms are often targeted by money launderers seeking to legitimize illicit funds. Anti-Money Laundering (AML) ...
AI & the Judiciary: Boundaries and Risks
🧠 Introduction: A New Era for Justice Artificial Intelligence (AI) has rapidly entered almost every professional domain — and the legal world is no exception. From predictive analytics to legal research automation, AI is revolutionizing how lawyers, judges, and courts ...
Speak With Our
Get a Appointment