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
agreement as contemplated under the auction or in conformity with Article 299 of the Constitution and thus there was no valid contract to sustain ... signed by the parties and conforming to the constitutional requirements under Article 299. It is mainly on this question that this case has been referred
Government of India Act. 1935, applies with equal force to Article 299(1) of the Constitution. Two consequences follow from these decisions. The first ... that In view of Article 299(1) there can be no implied contract between the Government and another person, the reason being that if such
plaintiff and that the compliance of the provisions of Article 299 of the Constitution has been fulfilled by implication. It was further pleaded that ... rent and retaining the possession, it was pleaded that " Article 299 of the Constitution is for the benefit of the defendant
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
subsequent date is hit by the provisions of Article 299 of the Constitution and thirdly, no such contract has in any event been proved ... must be evidenced by a formal document in compliance with Article 299 of the Constitution. In a case like this the rule laid down
entire case for decision by a Full Bench, as Interpretation of Article 299 of the Constitution of India was involved, on which different opinions have ... ground is that there was no written contract, as required by Article 299(1) of the Constitution and, therefore, no liability arose on the basis
Government of India Act, 1935, applies with equal force to Article 299(1) of the Constitution. Two consequence follow from these decisions. The first ... that in view of Article 299(1) there can be no implied contract between the Government and another person, the reason being that if such
indentures were not executed by proper authority as required by Article 299 of the Constitution, so that the contracts were not legally enforceable ... execution of the indentures, there was no breach of Article 299(1) of the Constitution. Secondly, as the contracts had been ratified by the State
