Government Agreements under Contracts and Constitution

6645 Words Dec 23rd, 2012 27 Pages
NATIONAL LAW INSTITUTE UNIVERSITY

A PROJECT OF CONTRACT-I

Government Agreements under Contracts and Constitution

SUBMITTED TO :- SUBMITTED BY: DR.(Prof.)MOHD. ISHAQ QURESHI SIDDHARTH SHARMA
PROFESSOR 2012BALLB100
ACKNOWLEDGEMENT

I would like to thank my Law of Contracts-I teacher, Dr. Prof. Mohd. Ishaq Qureshi for giving me such an interesting topic and allowing me to make a project on it.
I would also like to thank my seniors as well as my friends for
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That is, It is a Contract which is made in the Name of The President of India or in the name of The Governor of a State with the other party.
Definition of State
It is provided in Article 12. Which says:- “The State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

Position in Britain
According to Common Law, before 1947, the Crown could not be sued in a court on a contract. This privilege was traceable to the days of feudalism when a lord could not be sued in his own courts. Another maxim which was pressed into service was that the 'King can do no wrong'. A subject could, however, seek redress against the Crown through a petition of right in which he set out his claim, and if the royal fiat was granted, the action could then be tried in the court. The royal fiat was granted as a matter of course and not as a matter of right, and there was no remedy if the fiat was refused.

The Crown Proceedings Act,1947, abolished this procedure and permitted suits being brought against the Crown in the ordinary courts to enforce contractual liability, a few types of contracts being, however, excepted.

Position in India
The Indian Contract Act, 1872 does not prescribe any form for entering into contracts. A contract may be oral or in writing. It may be expressed or be implied from the circumstances of the