force of the provisions of the Indian Contract Act and/or Article 299 of the Constitution of India which conjointly govern the Government contracts ... entering into a contract contained in the mandatory provision of Article 299 of the Constitution lias to be complied with before a Government contract
under Article 166 and not by expressing it to have been made "on behalf of the Governor" as required under Article 299 ... Government in exercise of the executive powers envisaged under Article 298 read with Article 299(1) of the Constitution.
34. Having come to the conclusion
rate, there is no
licence deed as contemplated by
Article 299 of the Constitution.
W.P.(C) No.16260 of 2008 & con. cases ... diluted. Substantial
compliance with the said Article is not
sufficient. The provisions of Article 299(1) of
the Constitutions are mandatory in character
came into existence. Objection is also taken that the provision of Article 299 of the Constitution have not been observed and, therefore, no valid contract ... existence; (b) Whether the contract complies with the provisions of Article 299 of Constitution of India.
(10) Now a reference to the record will show
agreement had been executed between the parties as per requirement of
Article 299 of the Constitution of India and as such there was no valid ... there was a binding contract between the
parties as envisaged by Article 299 of the Constitution of
India?
2. Assuming there was a valid contract
construed as such in view of the
mandatory provisions of Article 299 of the Constitution of
India. The contention was that unless and until ... formal
instrument of contract was executed in the manner required
by Article 299 of the Constitution and by the relevant
notifications, there would
authorities of the State, before formal agreements in accordance with Article 299 of the Constitution could be executed. But later the authorities repudiated such contracts ... under Article 226 of the Constitution. This can be appreciated by an example. After execution of an agreement in accordance with Article 299
contract containing the arbitration agreement was not made in accordance with Article 299 of the Constitution of India, inasmuch as the said contract was neither ... arbitration agreement is unenforceable by reason of being in contravention of Article 299 of the Constitution as alleged in paragraph 9 (dd) of the Petition
entitled to complain of breach or violation of the fundamental right
under Article 19(1)(g) of the Constitution of India. Mr. Mehta submitted
that ... that the contract is not one falling within the ambit of
Article 299 of the Constitution of India. He submitted that as the matter
subject to the entering into formal agreement in accordance with Article 299 of the Constitution of India. Since no agreement as such was entered between ... that the requirement of entering into the contract in accordance with Article 299(1) of the Constitution of India is not for the sake
