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...on conjoint reading of Section 41 and Section 14(i)(c) of the Specific Relief Act since the contracts in question were determinable in nature.The appellant's...case is that the contracts in question are not determinable in nature as contemplated by Section 14(i(c) of the Specific Relief Act since there is no clause in the agreement..., which permits the respondent to terminate the agreements by giving a notice of a few days. The contracts, which are determinable in nature have always been understood to mean those contracts, which...
...the appellants submitted that Section 14(1) of the Specific Relief Act, 1963 in clause (c) further provides that a contract which is in its nature determinable cannot be specifically enforced. They argued that on c...Court has held that a contract which is in its nature determinable cannot be enforced by the court. They also cited the decision in Percept...submitted that no contention can, therefore, be raised on behalf of Liberty Agencies that the contract was determinable in nature or that the contract had expired.22. In...
...contained in Section 14(1)(c) of Specific Relief Act, defendants No. 3 and 5 have contained that since the agreements are determinable in nature, the suit is hit by the aforesaid provision and...Fire Insurance Co. Ltd. AIR 1965 SC 1288.3. The application has been opposed by the plaintiff who states that the contract is not determinable in nature and reliance...can be said to be determinable by nature within the meaning of Section 14(1)(c) of Specific Relief Act. In my view, Section 14(1)(c) of Specific Relief...
...clauses of the Contract Agreement between the parties, i.e., Clauses 14, 16 and 24 to contend that the instant contract, as evident from the aforesaid clauses, is determinable in nature. It is so...distributorship after holding that the agreement though determinable in nature was not validly terminated under the relevant clauses of the Contract Agreement. The Apex Court in that case laid down...that as the Arbitrator had held the contract to be determinable in nature, even on finding that the contract was not determined in accordance with the clauses providing for such determination, the...
...request and stay the termination. It is claimed that the contract in question was „determinable in nature"
and when any such contract is determinable in ....
7. Whether the contract in question is determinable by nature or not?
8. Sh. Sandeep Sethi, learned Senior Counsel for the petitioner...and given my anxious consideration to the rival contentions.
5
12. The term „determinable in nature' has not...
...Section 41(e) of the Specific Relief Act as well as Section 27 of the Indian Contract Act. According to the defendant, the Agreement between the parties was determinable in nature and could...remaining in the employment of the said Company. The employment contract between the plaintiff and defendant was determinable in nature and as such the defendant was entitled to determine the same and seek...R.C Chopra, J.:— The plaintiff seeks an ad interim injunction till disposal of the suit to restrain the defendant from continuing in the employment of M/s. Indigo Orient Limited and to...
...the Arbitral Tribunal. After termination, the petitioner is not getting the supply from the respondent.
10. The Tribunal had found that the Agreement is determinable in nature in...the agreement with thirty (30) days' notice was determinable in nature, and therefore, in terms of Section 14(1) of the Specific Relief Act, 1963 (hereinafter referred to as "Specific Relief Act") a...relief of restoration of dealership cannot be sustained. Section 14(1) (c) of the Specific Relief Act states that a contract which is in its nature determinable cannot be specifically enforced. It was further...
...would automatically follow. Even otherwise, the agreement being determinable in nature, the petitioner is not entitled for any relief. This Court does not find anything wrong in the termination order...The petitioner is a dealer of the first respondent in pursuant to the Dealership Agreement dated 22.02.2007. Two agreements have been entered into. One for the land and another for supply...invoking arbitration clause. 2. The was pleased to hold that the two agreements are distinct and different. Samples of the product drawn in the presence of the petitioner would show...
...Section 14 says that a contract which is in its nature determinable cannot be specifically enforced. Learned Single Judge thus was justified in saying that if it is found that a contract which...by its very nature is determinable, the same not only cannot be enforced but in respect of such a contract no injunction could also be granted and this is mandate of law. This, however, is subject to...an injunction seeking to specifically enforce the agreement. Such an injunction is statutorily prohibited with respect of a contract, which is determinable in nature. The application being under the...
...determinable in nature and as per the provision of Section 14(1)(c) of the Act, the agreement which is determinable in nature cannot be specifically enforced by the court. Thus, the High Court has...nature certain activities of the respondent company which constituted the State under Article 12 of the Constitution may be in certain circumstances subject to Article 14 of the Constitution in...citizens are in the nature of contractual rights, the manner, the method and motive of a decision of entering or not entering into a contract, are subject to judicial review on the touchstone of...
..., the party who has a licensing Agreement, cannot seek for compliance from the other side, when the same is determinable in nature. Admittedly, the Agreement involved is certainly determinable in ...sustained in the eye of law, as the Petitioner has not been given sufficient opportunities before passing the Cancellation Order. As the Cancellation Order has got civil consequences and as there is...arise for consideration. The averment made in the Affidavit filed by the 2 Respondent with regard to quarrying operations, is also not correct and, it is the Petitioner, who has to do quarrying...
...favour of the respondent. As per Clause 6 of the contract, the contract is determinable in nature, therefore, a decree for specific performance cannot be granted. Hence, as per the provisions of...Section 14(1)(d) of Specific Relief Act, decree of specific performance cannot be granted of a contract, which is determinable in nature and as per Section 41(e) of the Specific Relief Act, no such...2023 SCC Online Del 3753
has held as under:-
"24. The contract, manifestly, seems determinable in nature and once three...
...including one, which in its nature is determinable. Since in the present case the agreement in question was in its nature determinable by giving a 90 days’ advance notice, ...(DB), were referred on behalf of the defendant in support of its plea that the agreement in question being determinable in nature, would not be specifically enforceable and, consequently, no...Act since the contracts in question were held determinable in nature. On appeal against the order of the Learned Single Judge dismissing the same, it was held:—“The effect of...
...Financial (supra), I have referred to the earlier judgment in the case of Shri Satya Narain Garg (supra), and also the fact that contracts which are determinable in nature cannot be specifically enforced...which is in its nature determinable, cannot be specifically enforced. I have referred to the fact that the contract was determinable by a one month's notice as per clause 7 of the terms and conditions...the point of view of the contract of personal service not being enforceable under Section 14(1)(b) of the Specific Relief Act, 1963, the contract being determinable in nature and...
...enforced where for the non-performance of the contract compensation in money is an adequate relief and the contract is in its nature determinable. In the present case if the plaintiffs feel that because...recovery of their commission etc. and for refund of the security. It is not in dispute before us that the contract between the parties is determinable in nature despite submission of learned counsel for...nature is determinable. If the contract can be Page: 73determined then in view of section 14, the contract cannot be specifically enforced and if the contract cannot be specifically enforced then under...
...) …..(c) a contract which is in its nature determinable.”11. And needless to state the case of the appellants was that as per Clause 17 in one agreement and 20 in the other...subject from common law principles.16. What is the meaning of the expression: a contract which is in its nature determinable.17. The New Shorter Oxford English Dictionary...for, if an interest comes to an end by efflux of time, a contract would be determinable in nature. This would be an argument in support of the appellants, and as urged.18. But, the...
...determinable in nature and as such, the Section 9 Court could not have granted an injunction in view of Section 41 of the Specific Relief Act. The learned counsel submitted that although the contract in...India.
9. Mr. K.P. Pathak, the learned Standing Counsel appearing on behalf of the respondent per contra submitted that the contract in question was determinable in nature as...respondent had terminated the contract vide an order dated 23.12.2024. He therefore submitted that when the contract is determinable in nature, no injunction can be granted in terms with the mandate of...
.... It is true that the contracts which are determinable in nature cannot be specifically enforced and injunctions cannot be granted to prevent breach of such contracts but this principle primarily applies.... Delhi Transport Corporation & Anr.…, 103 (2003) DLT 442. He argues that the contract may be determinable in nature but since it was for setting up a unique project for which petitioner had...may be unreasonably ousted from Indian market and, therefore, compensation in terms of money may not be adequate relief. The contract may be determinable in nature but the instrumentality of the...
...Fourth Respondent-Company, in respect of the movable and the immovable properties belonging to it, by way of an interim measure. Further, the Share Purchase Agreement, dated 21.12.2005, is determinable in nature an...loss suffered by it, by way of damages.17. The learned Single Judge had held, while dismissing the Applications, that the Share Purchase Agreement, dated 21.12.2005, is determinable in nature. The...the Agreement states that the said Agreement is determinable in nature, the reliefs prayed for by the Applicant cannot be granted.18. The learned Single Judge had also held that it...
...the Act. The contract between the parties is clearly determinable in nature. Article 7.3 of JVA-I enables either one of the parties to terminate the agreement, if the other party is in default or is... seeking to specifically enforce the agreement. Such an injunction is statutorily prohibited with respect of a contract, which is determinable in nature. The application being under...an issue whether the contract which was determinable in nature could be enforced. In the said case, the appellant had not paid the licence fee in terms of the agreement and consequently the respondent...