entered
into in the name of the President of India. Article 299 of the Constitution of
India9 provides that all contracts made in exercise ... President of the Governor in that behalf.
11. The rationale of Article 299(1) , as explained in Chatturbhuj Vithaldas
Jasani v. Moreshwar Parashram & Ors10
Amalgamated Transpower (India) Ltd vs Sikkim Power Development Corporation ... on 10 May, 2023
Bench: Chief
Sikkim Power Development Corporation ... vs M/S Amalgamated Transpower(India) Ltd on 10 May, 2023
affirmed by the learned court. He submits that in view of Article 299
of the Constitution of India the President of India acts ... learned court is erroneous. He submits that in view of Article 299 of the
Constitution of India if the acceptance of the person duly authorized
void-ab-initio
for not being in conformity with Article 299 of the Constitution of India; and
further seeking stay of the Arbitral proceedings ... void-ab-initio being not in conformity with the provisions of Article 299 of
the Constitution of India.?
Finding: Section
entered into in the name of the President of India.
Article 299 of the Constitution of India 9 provides that all
contracts made in exercise ... President of the
Governor in that behalf.
11. The rationale of Article 299(1) , as explained in Chatturbhuj
Vithaldas Jasani v. Moreshwar Parashram
party.
(g) Learned counsel for the petitioner submitted that as per
Article 299 of the Constitution of India, the respondents were
under an obligation ... Jammu & Kashmir Constitution which
corresponded to Article 299(1) of the Constitution of India.
In that case all the three applications filed
commission.
4. Shri Achyut Govindam Tiwari has read provisions contained in Article
299 of the Constitution to point out that since Indian Oil Corporation ... will fall within the definition of
'Contracts' defined under Article 299 of the Constitution and thus, by
implication provisions of Part
Narasaraju raises three legal points.
The first is that under Article 299 , the contract
had to be signed by the Secretary to the
Government whereas
recorded in the form of a formal
contract as required by Article 299 of the
- 42 -
Constitution. It is elementary that in a Republic
governed
