SC1326 (13)
ACT:
Constitution of India 1950, Article 299 and U.P. Excise
Act 1910, S. 39-Rule 357(5) of Excise Manual requiring
purchaser ... were unenforceable as they
did not satisfy the conditions mentioned in Article 299 of
the Constitution; and (4) that the State Government having
accepted
CITATION:
1990 SCC Supl. 673
ACT:
Constitution of lndia, 1950 Article 299-Contracts to be
made in the name of President/Governor-Requirement based ... High Court, in revision, held that no
contract in conformity with Article 299(1) of the
Constitution, had been entered into.
It was inter alia
execution on the patta in
compliance of Article 299 of the Constitution. The Division
Bench upholding the contention, set aside the judgment and
decree ... though
it was not executed in the manner contemplated by Article
299 of the Constitution. The appellant having paid the
consideration
contract, as contemplated by that
Article, the agreement cannot be invalidated for not
satisfying the essential requirements of Articles 299 of the
Constitution. [375B ... contract, as contemplated by that Article, the agreement
cannot be invalidated for not satisfying the essential
requirements of Article 299 of the Constitution. A
compromise
applies even at appellate
stage.
Constitution of India 1950, Article 299 , Settlement of the
Jalkar incomplete, not made and executed in the manner
prescribed ... Article 299 of the Constilion, whether valid.
Transfer of Property Act (Act IV) 1882, sections 54 and 107 ,
General Clauses, Act, v. 3(26)- Registration
interest in them on the crucial dates.
That brings us to article 299 (1) of the Constitution. It
states:-
"All contracts made ... Certain sections in these Acts were said to be
similar to article 299. We do not think that they are, but
in any case
were illegal and unenforceable The contention was that the provisions of Article 299 of the Constitution had not been complied with. It was also pleaded ... upheld the plea based on non compliance with the provision of Article 299 of the Constitution. The suit was accordingly decreed. An appeal was preferred
SCALE (1)690
ACT:
Constitution of India 1950, Article 299(1) Condition to
be satisfied before a binding contract between the Union or
State comes ... contracts which are
statutory in nature-Existence of distinction indicated-
Article 299(1) inapplicable when Union or State enters into
a contract which is statutory
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
agreement the same was unenforceable in law as the
provisions of Article 299 of the Constitution of India had
not been complied with ... does
not comply with the provisions of Article 299 of the
Constitution of India. The Appellate Court has also upheld
the contentions of the Respondents