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july 1961

Supreme Court of India · 1961-07-24

SETH BIKHRAJ JAIPURIA vs UNION OF INDIA

Citation / case number
SC 1959/198
Court
Supreme Court of India
Petitioner
SETH BIKHRAJ JAIPURIA
Respondent
UNION OF INDIA
Author
KAPURL.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
Bench
KAPUR, J.L.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that contracts made by the Divisional Superintendent of the East Indian Railway were not binding on the Government as they failed to comply with Section 175(3) of the Government of India Act, 1935, which mandates that contracts must be expressed to be made by the Governor-General and executed on his behalf. The Court emphasized that the authority to execute contracts must be clearly conferred and that the absence of such expression rendered the contracts unauthorized. Consequently, the appellant's claim for damages for breach of contract was denied, affirming the respondent's non-liability.

SETH BIKHRAJ JAIPURIA vs UNION OF INDIA · Niyam