...jurisdiction over disputes relating to the PPA, the adjudication of such disputes should be in accordance with the PPA. The sanctity of the contracts must be upheld unless there is a stat...counterparty); the effect on financial contract netting of not upholding an automatic termination provision; the belief that, since an insolvent business will generally be unable to pay, delaying ...to bona fide commercial transactions which do not have as their predominant purpose, or one of their main purposes, the deprivation of the property of one of the parties on bankruptcy. (emphasis s...

..., further make it abundantly clear that by itself neither Section 25-FF nor the transfer of the undertaking as such, puts an end to the contract of employment. In fact, the section envisa...termination of the contract of management or other arrangement or for the loss of office, as the case may be.(6) Notwithstanding any judgment, decree or order of...protect the interests of the workmen who were already employed in the textile mills. Consistent with this objective, the Act nowhere refers to the termination of the contract of employment of the workmen...

...end after the expiry of the period and, therefore, it was not a case of retrenchment in view of Section 2(oo)(bb) of the Act. It is true that in view of the aforesaid ...whether the termination of service of the respondent was justified and valid, and, if not, to what relief he was entitled to under law.3. In his claim statement the.... He further pleaded that neither any notice nor wages in lieu of notice were paid to him and as he had completed 240 days of service in a calendar year, the termination of his service was in violation...

...appellant as temporary workman for the period of employment, which is opposed to law.5. It is the further case of the appellant workman that he falls within the definition of wor...termination of the appellant from his service falls within this provision. Nonetheless, this legal ground without any factual foundation was pressed into operation before the Labour Court at the time of...termination of the service of the appellant on the ground that it is an automatic termination for non-renewal of contract of the employment is in contravention to the statutory provisions of the U.P ID...

...lead to the termination of the contract or other consequences. The question whether such failure to complete the work was due to reasons for which the contractor was responsible or the Department was.... What is made final by this provision is the decision of the Engineer-in-charge as to whether the contractor will be able to secure the completion of the work by the du..., the respondents terminated the contract by order dated 29-8-1994. The termination was challenged by the appellant in a writ petition filed before the Gauhati High Court. By judgment dated 27-9-1994...

...contract, there is a provision for termination of the contract by either party by giving 90 days' notice without assigning any reason. Therefore, it prima facie appears that the ...petitioners, termination of the contract is not valid and as the termination of the contract is not valid, the negative covenant contained in the contract which prevents the respondents from purchasing...contract which permits both the parities to terminate the contract without assigning any reason by giving 90 days' notice, the termination is not valid, then also a contract of such nature cannot be...

...duty is owed.”We may notice that in Anson's Law of Contract 28 Edition, pages 527-528 it is stated :“Automatic terminationWhere the event is one over which ...rule of law, but a principle of construction reflecting the presumed intention of the parties, and which may be rebutted by the express terms of the contract. Moreover, ...not a breach of contract, a party will not be able to take advantage of that provision if their wrongful action gave rise to the event upon which the automatic termination ...

...entered into a contract with the appropriate Government in the course of his trade or business which is subsisting on the date of scrutiny of nomination. They are (i) when the contract is one for ...contract is terminated by writing various letters by the appellant and when such termination is accepted by the Department, it inevitably means that contract does not subsist. Further, the moment...by the election petitioner. Therefore, there was no reason for the learned Judge to hold that Halburga-Bawgi contract works continued. It is his submission that prior to termination of the contract...

...Regulation 9(b) and the power of termination, properly read, would not be arbitrary or violative of Article 14 of the Constitution. It may be mentioned that under the general law of contract of employment,...applicable to the former can only add to and not detract from the rights guaranteed by Part III of the Constitution.45. It was important to note that all the decisions so far re..., it could be so terminated. If there was no provision for giving notice and the contract was not for a fixed period, the law implied an obligation to give a...

...opportunity of hearing was given to the petitioner before terminating the contract.I do not find any merit in the argument advanced.Clause (7) of the agreeme...wanted to question termination of his service contract of Rozgar Sahayak for his having been arrested on an FIR relating to falsification of documents and misappropriation of Government funds...the Programme Officer (MGNAREGA)-cum-Vikas Adhikari, Panchayat Samiti, Mandal terminating the service contract dated 1.3.2011It is submitted by learned counsel for the petitioner that no...

...Bachhittar Singh v. State of Punjab AIR 1963 SC 395.) That being so, the first plea of the appellant is rejected.9. Coming to ...stipulation in a contract of employment, the same is implicit.10. Submission of learned counsel that such a provision is inbuilt and has to be read into the Act and the...his tenure appointment was to continue up to 18-9-2000. Since there was a premature termination of the tenure appointment, claim of compensation for the balance period from the date of termination of...

...workman for any reason whatsoever, other wise than as a punishment inflicted by way of disciplinary action, but does not include— XX XX XX(bb) termination of the service of the workman as a ...contracts where a regular contract of employment is entered into and the termination of the service comes about because of non-renewal of that contract. Such a meaning t...two parts, the first dealing with the termination of service as a result of the non-renewal of the contract of employment, and the second dealing...

...equipment and materials and exercise due care thereof until (a) provisional acceptance of the work, or (b) termination of this contract, whichever shall first occur. Such transfer of title shall i...this contract.”21. The interpretation of different components of contract has been dealt within Annexure...parties on 19-3-2001. The contract envisaged a turnkey project. Role and responsibility of each member of the consortium was specified separately. Each of the members of the consortium was also to...

...notice. 10. It is stated that the said response was thoroughly examined by Authority Engineer based on ground conditions and it was the opinion of the Engineer that the Contr.... Accordingly, the Authority's Engineer recommended the termination of the project under the relevant provision pertaining to "Termination for Contractor Default". ...Indian Contract Act, 1872 and the Specific Relief Act, 1963. 22. Clause 23 of the Contract provides for termination. Clause 23.1 specifically provides for ...

....124. There is another aspect to the matter. The termination of a contract, undoubtedly, results in the intrusion into and deprivation of valuable rights, w...it be that the contract peremptorily provides for the termination of the contract expressly without service of...commencing supply within the meaning of Article 9.4(a). The fact of termination by order dated 11.08.2017 and its invalidation by the High court on 20.06.2018 are again not matters of dispute...

...record.5. A bare perusal of the termination order shows that it is based on Government memorandum dated 25.06.2012, wherein it is mentioned that registration of a criminal case by Lokayukt Organizati...of termination without assigning any reason if there is an adverse finding against character of the contractual employee. Clause 16 is the power to terminate an employee without casting any stigma. In...terminated without affording him any opportunity.2. Admitted facts between the parties are that the petitioner was appointed as Sub Engineer on contract basis by order dated 11-13/10...

...expression “retrenchment” as defined in the main part of Section 2(oo) “termination of the services of the workman as a result of the non-renewal of ...error in applying the provision of Section 25-F inasmuch as the workman had not completed 240 days of service on 13-2-1987 when his services were terminated and further that the termination of the...Order1. These appeals arise out of an industrial dispute relating to termination of the services of Ishwar Singh, Respondent 2, (hereinafter...

...Centre never intended to offer to Pandit a firm and unqualified tenure of office for five years. The intention of the parties, as mentioned in the letter of 14th May 1961, was that a written ...inefficiency. The plea of the Centre that even Pandit had understood that the security of his tenure was restricted only to a reasonable period of notice and that the provision f...reasonable notice. This is because though the parties intend to stick to the stated duration of the contract, they are not sure that they would be able to do so for a comparatively long period. ...

..., however, unexceptionable that if an employer passes an order of termination of service in exercise of his right under a contract or in accordance with the provision of the standing orde...case the termination of service of the Respondent 1 by the letter of February 16, 1963 may be regarded as a colourable exercise of the power under the contract of employment or may even be regarded as...under a written contract of service entered between the parties in August 1956. The workman on the other hand contends that termination of his service was meted out as a punishment for avenging the...

...contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between ...) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a...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-renewal of the contract of employment on the expiry of the...