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...inasmuch as it had no termination clause and the same was in perpetuity as there was no period prescribed for the licence. The only condition was that the licence fee could be increased from time to time...that without prejudice to their plea that the plaintiff is a pure licencee and has no right to remain in the premises in question after termination of the licence, the defendants assure this Court...case of a tenancy there is no tenancy in perpetuity. If there is no lease agreement then the tenancy is regarded as a month to month tenancy capable of being terminated by a notice under...
...and in the process ruin its goodwill and brand name. For these reasons commercial contracts can never be in perpetuity and even if in a contract there is no termination clause, the contract will he.... Practitioners in Marketing Limited, (1971) 2 All E.R 216. In this case the agreement was oral and, therefore, there was no termination clause. The agreement was allowed to be terminated...to the termination clause contained in the agreement. The main grievance of the plaintiff qua the bottling agreement dated 5th November 1990 is the termination clause in the said agreement, i.e clause...
...in the process ruin its goodwill and brand name. For these reasons commercial contracts can never be in perpetuity and even if in a contract there is no termination clause; the contract will be...MUL in its defence took the plea that for termination of this contract, no reason is required to be assigned. Clause 21 of the Agreement makes it clear that no reasons are to be stated in the notice...raised preliminary objection regarding the maintainability of that petition on the ground that after termination of the agreement arbitration clause did not survive. Moreover the dispute of...
...and so is the action of the defendant.
12. That MUL in its defence took the plea that for termination of this contract, no reason is required to be assigned. Clause 21 of the Agreement...contract there is no termination clause, the contract will be allowed to be terminated through a reasonable notice if the power to terminate is sought to be exercised bona fide...preliminary objection regarding the maintainability of that petition on the ground that after termination of the agreement arbitration clause did not survive. Moreover, the dispute of termination of agreement...
...up to its standards and in the process ruin its goodwill and brand name. For thesis reasons commercial contracts can never be in perpetuity and even if in a contract there is no termination clause...SA v. Practitioners in Marketing Limited, (1971) 2 All E.R 216.(1) In this case the agreement was oral and, therefore, there was no termination clause. The agreement was...position to bargain with PFL or to object to the termination clause contained in the agreement. The main grievance of the plaintiff qua the bottling agreement dated 5th November, 1990 is the termination...
...No. 2 (KEC) shall be in perpetuity and the agreement of users dated October 5, 1973, shall stand modified to delete therefrom and nullify the termination clause therein so far the petitioners and...perpetuity and also modify the said agreement by deleting the termination clause, along with other reliefs sought in the petition.20. Learned counsel for the respondents in reply submitted that...agreement, did not compel the parties to provide a termination clause but on the contrary allows the parties to decide whether the licence agreement should be in perpetuity or should be terminable...
...supports this stand. If the lease was in perpetuity, the question of renewal would not arise; there would also be no occasion to incorporate a clause for the termination of the agreement after the initial...” has been mentioned viz a viz the nominees of the appellant. Clause 25 mentions that the premises are to be vacated after termination of lease period. From the bare reading of the document it no where...renewal clauses in Ex. DW1/1 also throw light on the intent of the parties; there was no occasion to have a renewal Clause in the said document if this lease was intended to be created in perpetuity. Clause...
...:“31. Termination of services.—The services of an employee may be terminated by giving such notice or notice pay as may be prescribed in the contract of service in the...framing a rule authorizing termination of an employee by merely giving a notice. In order to uphold the validity of the Rule in question it will have to be held that the tenure of service of a citizen who...there is no rational ground for doing so, even arbitrarily or capriciously. To uphold this right is; to accord a “magna carta” to the authorities invested with these powers to practise uncontrolled...
...original parties. There is hence no reason why the same expression should be given a restricted meaning in the preemption clause which is the subject-matter of interpretation in the present appeal. On...society no present estate or interest in the site, and was unenforceable as a covenant, since it did not run with the land, and infringed the rule against perpetuity. Lord Buckmaster who pronounced the...RAMASWAMI, J.— This appeal is brought, by special leave, from the judgment of the Calcutta High Court dated November 18, 1959 in First Appeal No. 104 of 1954 affirming the...
...permanent employee, could be terminated in the mode and manner adopted by the petitioner, who maintains that it was done in accordance with clause 17(g) of the Certified Standing Orders and no...opinion that any clause in the Certified Standing Orders providing for automatic termination of service of a permanent employee, not directly related to “production” in a factory or industrial...inserting clause (bb) with effect from 18-8-1984; one was the termination of service on the ground of continued ill-health of the workman and the other was termination of service on account of non...
...upto 30.3.2010, therefore, no renewal was required in terms of the aforesaid Circular, as the said exemption (recognition) under Section 80-G would continue in perpetuity...:“Therefore, the proviso to clause (vi) of sub-section (5) of section 80G has been omitted to provide that the approval once granted shall continue to be valid in perpetuity...will have to be renewed and once renewed these shall continue to be valid in perpetuity, unless specifically withdrawn.”Since proviso to Clause (vi) of sub-section (5...
...the clause if the retrenchment is under an agreement which specifies the date for the termination of service.3. The expression retrenchment is specially defined by Section 2...the Act to give the definition clause relating to retrenchment such a meaning as would include within the definition termination of service of all workmen by the employer when the business itself ceases...submission of Dr Anand Parkash that “termination of service for any reason whatsoever” means no more and no less than discharge of a labour force which is a surplusage. The misunderstanding of the...
...ended on the expiration of nine days — automatically maybe, but cessation all the same. That to write into the order of appointment the date of termination confers no moksha from Section 25-F(b) is.... In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant date i.e the date of termination of service which is complained of as...construction, it must be negatived on the ground that it would render clause (2) otiose. The language of clause (2) is so clear and unambiguous that no precedent is necessary to justify the interpretation...
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satisfactory, with a similar renewal clause. It is not an agreement which would run in perpetuity with no possibility of its...) Whether expression "satisfactory sales" incorporated in clause 5 is itself explained in clause 4 of the agreement;
(iv) If issue No. 3 is proved in negative then the...sales'. It was also concluded that clause (5) of the agreement implies a deemed renewal for five years w.e.f 07.05.2018 to 07.05.2023. While deciding issue No.(v) quoted above, the learned Arbitrator...
...obligatory for tender or payment of salary along with the order of termination.16. A notification has no statutory force. It cannot override rules statutorily made governing...would be entitled to claim a sum equal to the amount of his pay plus allowances in lieu of one month's notice at the same rates at which he was drawing them immediately before the termination of his...service. The respondent challenged this order by filing Writ Petition No. 385 of 1981, before the Calcutta High Court. The main contention raised by him in the writ petition was that the order of...
...introduction of one more exception to Section 2(oo), under clause (bb) the legislature has excluded from the purview of “retrenchment” (i) termination of the service of the workman as a result of the non...employment. It need not be impressed that if in the contract of employment no such stipulation is provided or prescribed, then such contract shall not be covered by clause (bb) of Section 2(oo). In the...termination of his services during the period of probation.2. The appellant was appointed as Development Officer by the respondent Life Insurance Corporation (hereinafter...
....(v) No teacher or a member of the academic staff shall be removed under clause (ii) or under clause (iii) until she has been given a reasonable opportunity of showing cause...:‘1. … With reference to the above (viz. termination of service as Principal), I have to mention that in view of Resolution No. 2 of the Managing Committee dated 27-4...for or called for by any future employer of the probationer. In such a case, the order of termination would stand vitiated on the ground that no regular enquiry was conducted. We shall presently...
...incorporating the rights and obligations between the lessor and the lessee excepting the clause for renewal, else it would result in creating a lease in perpetuity because every renewed lease shall...have to incorporate the clause for renewal for 50 years as contained in the original lease deed which would mean endless renewals and hence a lease in perpetuity. We find it difficult to agree with...entering into the contract. No single clause or term should be read in isolation so as to defeat other clauses. The interpretation must be reasonable, harmonious and be deduced from the language of the...
...on the expiration of one year ten months nine days — automatically may be, but cessation all the same. That to write into the order of appointment the date of termination confers no moksha from...only ground that there was no retrenchment of the respondent employee [within the meaning of Section 2(oo) of the Industrial Disputes Act, 1947 (Act 14 of 1947) (hereinafter called “the Act”)] and..., consequently, the latter was ineligible to the statutory compensation the non-payment of which, along with the termination of service, nullified the termination itself. The end result was that the...
...the distributorship was not validly made under clause 27 of the agreement. No doubt, the notice of termination of distributorship dated March 11, 1983 specified the several acts of the distributor on...specified in the agreement. Clause 27 of the agreement provided for termination of the agreement by the Corporation forthwith on the happening of any of certain specified events. Clause 28 permitted either...reason for such termination’. Clause 37 provided for adjudication of any dispute or difference of any nature by arbitration.3. It appears that the appellant-Corporation...