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C. HARI SHANKAR
Abp Network Private Limited – Appellant
Versus
Malika Malhotra – Respondent
JUDGMENT
1. The respondent was appointed as an Anchor with the petitioner, vide letter of appointment dated 28th April, 2021, at the salary of Rs. 7,26,000/- per annum. The following clauses of the letter of appointment, are relevant for adjudication of the issue in controversy:
"3.3 You agree not to engage in any conduct detrimental to the interests of the Company or contrary to the information received by the management of the Company in any manner whatsoever.
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5. Term:
5.1 You agree that your services with the Company shall be for a fixed term of Thirty Six (36) months commencing from the Date of Commencement, which may be further renewed, on the basis of factors including but not limited to your performance and requirements of the company ("Term").
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7. Termination of Employment:
7.1 During the period of your employment, your services are liable to be terminated by either party at any time, with ninety days (90) prior written notice or payment of ninety days basic salary for the notice period short for, in lieu thereof.
7.2 It is agreed by you that serving notice period shall be essential and mandatory, unless otherwise agreed by the Company management, in view of the nature of
A contract that is determinable in nature cannot be specifically enforced, and no injunction against termination and enforcement of the contract can be issued.
The court ruled that an employment contract can be determinable, allowing for potential termination without an injunction, and that specific performance is permissible under amended provisions of the....
The court held that a contract of personal service is not specifically enforceable, and restrictions on trade after termination violate Section 27 of the Indian Contract Act.
A determinable contract, such as an insurance contract subject to renewal, cannot be specifically enforced under Section 14 of the Specific Relief Act, and no injunction can be granted to prevent its....
A contract with specific termination conditions is not inherently determinable under Section 14 of the Specific Relief Act, allowing for interim relief to maintain status quo pending arbitration.
A contract that is inherently terminable does not prevent the enforcement of specific performance claims if the termination is contested as being unjust or improper.
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