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january 1993

Supreme Court of India · 1993-01-29

LALJI KHIMJI vs STATE OF GUJARAT

Citation / case number
SC 1979/62132
Court
Supreme Court of India
Petitioner
LALJI KHIMJI
Respondent
STATE OF GUJARAT
Author
A.S. ANAND
Bench
A.S. ANAND

Judgment text excerpt

The Supreme Court examined the validity of an agreement made by an Executive Engineer, designated as Canal Officer, under the Bombay Irrigation Act, 1879, specifically Sections 3(6), 17, 18, and 77. The Court held that the agreement was not binding on the State due to non-compliance with Article 299 of the Constitution, which mandates that contracts on behalf of the Government must be executed by a duly authorized person. The Court affirmed the High Court's ruling that the agreement was null and void, as the Executive Engineer lacked the authority to bind the State in this context.

LALJI KHIMJI vs STATE OF GUJARAT · Niyam