...Partnership Act, 1932 bars the suit. Second reason for declining the relief was by reference to Section 41(e) of Specific Relief Act, 1963 (in short ‘t...adequate relief. Section 41(e) of the Act states that no injunction can be granted to prevent the breach of a contract which cannot be specifically enforced.5. In commercial...an adequate relief, and consequently in view of the provisions of Sections 14 and 41(e) of the Act, the suit was clearly barred as has been held by the courts below.6. In vi...

...party seeking to specifically enforce the contract under the Indian law is enshrined in Section 16(c) read with Section 41(e) of the Specific Relief Act, ...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....second preliminary objection raised on behalf of the respondent of the bar contained in Section 14(i)(c) read with Section 41(1) of the Specific Relief ...

...continuing the suit as the present suit filed by the respondent is barred by Section 14 of the Specific Relief Act, 1963. Learned trial court ought to have considered that the law does not permit ..., the contract entered into was a contract of personal service to which the principles of Section 14 and Section 41 (e) of the Specific Relief Act, .... And Section 41(e) of the Specific Relief Act, 1963 provides to the effect: "41. Injunc...

...Section 41(e) of the Specific Relief Act, 1963. Clause (e) of Section 41 of the Specific Relief ...Section 14(i) (c) read with Section 41 of the Specific Relief Act. It was rightly held that other clause...provisions of Section 9(ii)(e) of the Arbitration and Conciliation Act, relief was not granted in view of...

...Section 41(e) of the Specific Relief Act, 1963, could, therefore, be granted. The grant of temporary injunction is equally governed by the pro...the Supreme Court in Cotton Corporation of India Limited v. United Industrial Bank Limited.... 1983 4 SCC 625. The lower appellate. Court, therefore, acted illegally in exercise of its jurisdiction in the grant of temporary injunction to the effect that the ban...

...said questions could be raised under sub-section 5 of Section 100 C.P.C. These questions are:- a). Whether, the reliefs of injunction could at all have been granted...the Indian Contract Act, 1872 and Section 41(e) of Specific Relief Act, 1963. Section 29 of the Indian Contract Act, 1872 deals with ...agreements, the meaning of which is not certain, or capable of being made certain, are void. Likewise, Section 41 of the ...

...of personal services is not enforceable under the common law. Section 14 read with Section 41(e) of the Specific Relief Act, 1963 specifically bars the enforcem...co-terminus with that of the civil court cannot specifically enforce a contract of personal service which is barred under Section 14 read with Section 41(e) of the Specific ...Court directing reinstatement in service. That apart, under Section 100 of the Act, the jurisdiction of a civil or Revenue Court is barred only in respect of any matter for which any provision is made...

...agreement was for a period of five years determinable at any time by either party by serving a 90 days’ advance notice, in writing. Section 41.(e) of the Specific Relief Act, ...breach of a contract by a party seeking to specifically enforce the contract under the Indian law is enshrined in Section 16(c) read with Section 41(e) of the Specific ...(e) of Section 41 of the Specific Relief Act provides that injunction cannot be granted to prevent the breach of contract, the performance of which wou...

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...case, balance of convenience and irreparable injury for grant of injunction. The conduct of parties is an important factor, which has to be taken into consideration for granting equitable relief of injunct...Section 41(i) of the Specific Relief Act, 1963. The lower court without considering the above aspect err...an event whether the developer is entitled to specific performance of Development Agreement-cum-GPA in view of Section 16(c) of the Specific Relief Act, ...

...convenience and irreparable injury for grant of injunction. The conduct of parties is an important factor, which has to be taken into consideration for granting equitable relief of injunction. In view of ...entitled to equitable relief of injunction in view of Section 41(i) of the Specific Relief ...observation with regard to the merits of the case nor can record a finding that specific performance cannot be granted under Section 14(1) of the Specific Relief Act, ...

...and binding decision, even if such determination is in proceedings arising out of Section 9 application.35. Learned Senior Counsel for Respondent 1 submitted that the agreement may not be specifically ...Respondent 2, submitted that under Section 41(e) of the Specific Relief Act, 1963 an injunction cannot be granted to prevent a breach of a contract, the performance ..., confidential and fiduciary service, which is barred by clauses (b) and (d) of Section 14(1) of the Specific Relief Act, 1963.(ii) Secondly...

...wrongly declared the PPA as void, still this Court cannot grant any relief to petitioner in view of the bar contained in Section 14(1)(a) to (d) read with Section 41(e) of the ...seeking to specifically enforce the contract under the Indian law is enshrined in Section 16(c) read with Section 41(e) of the Specific Relief Act, ...cannot grant any relief.7. In rejoinder, Mr. Vikas Singh submits that the bar contained in Sections 14(1)(a) to (d) and 41(e) of Act, 1963 is not attract...

...services is not enforceable under the common law. Section 14, read with Section 41(e) of the Specific Relief Act, 1963, specifically bars the enforcement of suc...the dispute of dismissal from service of the employee was recognised having regard to Section 55 of the M.P Cooperative Societies Act, 1960 which gave specific power to the Registrar to determine.... However, the High Court erred in not further analysing the provisions of Section 91 of the Act which spells out the specific powers that are given to the Cooperative Court and those powers are ...

...seeking to specifically enforce the contract under the Indian law is enshrined in Section 16(c) read with Section 41(e) of the Specific Relief Act, ....14. section 14 of the Specific Relief act, 1963 reads as under:“14. Contracts not...Specific Relief Act provides that injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced. Clause (c) of ...

...asked to address the Court on the aspect of the maintainability of the suit for injunction given the provisions of Section 38 read with clause (e) of Section 41 of the ...रिहदे।" 4. The contention of the learned counsel for the petitioners is that given the provisions of Section 44 of the Transfer of Property Act, 1882, the petitioner is...as to how the provision of Section 44 of the Transfer of the Property Act would create any obligation or contract in favour of the petitioner, for prevention of breach of which, ...

...Agreement.”5. By the impugned order, the TDSAT declined the prayer for ad-interim relief. It held that a combined reading of Sections 14(1)(a) and (c) and Section 41(e)...certainly be quantified. Section 41(e) places a further fetter on the Court in granting injunction to prevent a breach of contract the performance of which would not be...-interim injunction. He emphasized on the word ‘adequate’ occurring in section 14(1)(a) sra and submitted that if the Court was of the view that the compensation would not constitute an ‘adequate relief...

...contract under the Indian law is enshrined in Section 16(c) read with Section 41(e) of the Specific Relief Act, 1963. Clause (e) of ...) read with Section 41(e) of the Specific Relief Act, 1963. Clause (e) of Section 41 of the Specific Relief ...learned Senior Counsel for the defendants is that Section 41(e) read with Sections 14(1)(a) 14(1)(c) and 14(1)(d) of the Specific Relief Act expressly bars the ...

...such cases injunction cannot be granted. This is clear from a reading of Section 14(1) of the Specific Relief Act, 1963 read with Section 41 (e) of the...) of the Specific Relief Act.6. It may also be noted that under sub-Sections (b) and (d) of Section 14...courts to follow and more so the order which is relied upon does not refer to Sections 14 and 41 of the Specific Relief Act. Also, the reliance placed by the petitioner upon...