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[](https://supremetoday.ai/doc/judgement/MYS_MARSDENLR_1969_358): Reiterates that forthwith means immediately or without delay, emphasizing that acts required to be done forthwith should be executed promptly.
Termination of contracts or service - When specified as forthwith, it indicates the obligation or right to end the relationship immediately:
["Karthikeya Press VS Madarsa Dawoodiya Arabic College Trust - Madras"]: The notice that states hereby terminates does not necessarily mean forthwith; the context and wording determine whether the termination is immediate or effective from a future date.
Legal implications:
Conclusion:Should forthwith terminate means the action must be done immediately or without delay, as supported by multiple legal references and authoritative interpretations ["V. P. GIDRONIYA VS STATE OF MADHYA PRADESH - Madhya Pradesh"], ["DAYARATNE v. BOWIE"], ["MYS_MLRH_1968_1_MLRH_459"], [](https://supremetoday.ai/doc/judgement/MYS_MARSDENLR_1969_358). This understanding is crucial in legal, contractual, and administrative scenarios where prompt termination is intended.
In the world of contracts, notices, and legal proceedings, precise language is everything. A single word like forthwith can spark disputes over timing, especially in high-stakes scenarios like terminating an agreement or employment. But what does forthwith terminate really mean? Should it be done immediately, or is there some flexibility?
This question—should forthwith terminate means should be done immediately—arises frequently in business disputes, employment terminations, and contractual obligations. While interpretations can vary slightly based on context, legal documents and case law generally emphasize prompt action without undue delay. This post breaks down the meaning, supported by key references, and explores nuances from broader sources. Note: This is general information, not specific legal advice. Consult a qualified attorney for your situation.
The phrase shall be done immediately or forthwith in legal contexts typically connotes action without delay, implying immediacy. Legal documents consistently interpret these terms as requiring prompt or immediate performance, unless qualified otherwise. TELEKOM MALAYSIA BERHAD vs SRI INTAN RESORT SDN BHD & ORS - 2017 MarsdenLR 2123
In TELEKOM MALAYSIA BERHAD vs SRI INTAN RESORT SDN BHD & ORS - 2017 MarsdenLR 2123, a termination letter dated 09 October 2014 invoked clauses allowing termination forthwith for defaults like missed installments. This underscores immediacy, as the action takes effect promptly upon notice.
Multiple sources reinforce that forthwith demands swift action. Courts align with standard legal dictionaries, viewing it as synonymous with immediately or without delay.
A notable example: In such situations, instant termination forthwith would obviously have been intended as it is fair and necessary - without having to give 60 days notice. KERRY LOGISTICS (M) SDN BHD vs POMELO FASHION MALAYSIA SDN BHD
During probation, terminations align with forthwith for prompt execution. Cases like HII HIONG TECK vs LEES FROZEN FOOD SDN BHD - 2023 MarsdenLR 941 and KOGILAVANI GOPAL vs ARNOLD ANDREW & CO - 2023 MarsdenLR 1488 clarify that actions at the end of probation must be timely, mirroring forthwith urgency. CHONG SIEW YEE vs RNB ENGINEERING (ASIA) SDN BHD - 2023 MarsdenLR 350LEE WENG LEONG vs SYARIKAT PEMBENAAN YEOH TIONG LAY SDN BHD - 2024 MarsdenLR 88
However, even temporary employees may require procedural fairness, but immediate effect terminations post-arrest have been challenged if stigmatic without inquiry. Sasanka Saikia, S/o Late Kamakhya Prasad Saikia vs Gauhati University, Represented by its Vice Chancellor, Jalukbari, Guwahati, Assam - 2025 Supreme(Gau) 2029
While dominant interpretations favor immediacy, some precedents introduce practicality. The Supreme Court has noted: When a statute requires that something shall be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. Satya Gupta W/o. Rajerndra Gupta VS State of Chhattisgarh - 2022 Supreme(Chh) 264HETCHIN HAOKIP VS STATE OF MANIPUR - 2018 6 Supreme 693
In administrative contexts, such as convening meetings for no-confidence motions, the Collector must act forthwith upon requisition, without verifying allegations upfront. Delays without reason invalidate compliance. Satya Gupta W/o. Rajerndra Gupta VS State of Chhattisgarh - 2022 Supreme(Chh) 264
For reviews under clauses like cl 9, communications occur immediately via meetings, reflecting the clause's structure for prompt termination if needed. MERIDIAN DIVERSIFIED (M) SDN BHD vs EXPORT-IMPORT BANK OF MALAYSIA BERHAD
Though forthwith generally implies no significant postponement:
Courts interpret based on context—contractual intent, statutory mandates, and fairness. Delays without justification risk non-compliance claims. JOHAN ARRIFFIN ABD SAMAD vs INSTITUTE FOR DEVELOPMENT STUDIES (SABAH) - 2023 MarsdenLR 2035HII HIONG TECK vs LEES FROZEN FOOD SDN BHD - 2023 MarsdenLR 941KOGILAVANI GOPAL vs ARNOLD ANDREW & CO - 2023 MarsdenLR 1488
To avoid disputes:
Businesses terminating facilities or leases should exercise rights promptly post-breach. EVERGREEN CORPORATE SDN BHD vs EXPORT-IMPORT BANK OF MALAYSIA BERHADKERRY LOGISTICS (M) SDN BHD vs POMELO FASHION MALAYSIA SDN BHD
In summary, forthwith terminate generally means action should be taken immediately or without undue delay, as affirmed across documents like TELEKOM MALAYSIA BERHAD vs SRI INTAN RESORT SDN BHD & ORS - 2017 MarsdenLR 2123, JOHAN ARRIFFIN ABD SAMAD vs INSTITUTE FOR DEVELOPMENT STUDIES (SABAH) - 2023 MarsdenLR 2035, and cases emphasizing urgency. While some statutes allow reasonable time, courts scrutinize delays closely—unexplained ones can invalidate proceedings.
Key Takeaways:- Treat forthwith as a call for speed in contracts and notices.- Back any timing with documentation and context.- Always tailor to specific agreements; professional advice is essential.
Stay informed on legal terms to safeguard your interests. For personalized guidance, reach out to a legal expert.
References:1. TELEKOM MALAYSIA BERHAD vs SRI INTAN RESORT SDN BHD & ORS - 2017 MarsdenLR 2123 - Termination forthwith on default.2. JOHAN ARRIFFIN ABD SAMAD vs INSTITUTE FOR DEVELOPMENT STUDIES (SABAH) - 2023 MarsdenLR 2035 - Prompt contractual compliance.3. HII HIONG TECK vs LEES FROZEN FOOD SDN BHD - 2023 MarsdenLR 941KOGILAVANI GOPAL vs ARNOLD ANDREW & CO - 2023 MarsdenLR 1488 - Probationary terminations.4. HETCHIN HAOKIP VS STATE OF MANIPUR - 2018 6 Supreme 693 - Reasonable time nuance.5. Sode Ramulu VS K. L. V. Prasad - 2011 Supreme(AP) 664 - Delay explanations required.
#ForthwithLaw, #ContractTermination, #LegalTerms
Under the proviso to Sub-rule (a), the Government has no doubt the power to terminate the services of a temporary employee forthwith by payment to him of the salary and allowances for the period of the notice, or for the period by which such notice falls short of one month. ... Whereas the object of the notice is served when the government decides to terminate the services of a temporary Government servant forthwith without notice by payment to him of the salary and allowances for the period of the notice, that object is....
This was immediately communicated by defendant to the plaintiff through a meeting on 26 July 2019 between the plaintiff's representatives and the defendant's representatives at the defendant's premises. ... Under cl 9, the review procedure gave the opportunity for the respondent to review the appellant's performance, but this was by no means unilateral as a matter of procedure. The terms of cl 9 made this clear. ... The structure of the termination provisions in the Agreement reflects the true intention and meaning behind cl 16.3 that any termination under....
R. 185.] where he construed the word "forthwith" to mean " immediately ". The word " forthwith " in section 756 of the Civil Procedure Code was the subject of decision by the Privy Council in Sameen v. Abeyewickrema[(1963) 64 N. L. ... " Held, that the word " forthwith " means " within a reasonable time " or " as soon as practicable ". Issadeen v. Inspector of Police, Badulla (65 C. L. W. 18) not followed. APPEAL from a judgment of the Magistrate's Court, Colombo. ... In the first two judgments....
According to Oxford English Dictionary ‘practicable’ means ‘capable of being put into practice, carried out in action, effected, accomplished, or done; feasible’. ... Registry shall send down the original records forthwith. ... This part of clause (3) of para 7.06 means only this and no more. ... /Terminate/2021/5303-08 dated 25.09.2021, has also been issued stating the termination of his service with immediate effect. And the said Notification dated 25.09.2021, has been immediately u....
Graham, which deal with a hiring agreement, were 'may terminate the hiring.' In this case nothing was done by the plaintiffs vis-a-vis the hirers to terminate the hiring. ... Clause 4(a) of the agreement provides that in such an event the plaintiffs were entitled forthwith and without notice or demand to "terminate the hiring and retake possession of the property." ... The hire-purchase agreement in that case provided that in default of Punctual payment of any of the hire-rentals...... the owners may....
Graham, which deal with a hiring agreement, were 'may terminate the hiring.' In this case nothing was done by the plaintiffs vis-a-vis the hirers to terminate the hiring. ... Clause 4(a) of the agreement provides that in such an event the plaintiffs were entitled forthwith and without notice or demand to "terminate the hiring and retake possession of the property." ... The hire-purchase agreement in that case provided that in default of Punctual payment of any of the hire-rentals...... the owners may....
Graham, which deal with a hiring agreement, were 'may terminate the hiring.' In this case nothing was done by the plaintiffs vis-a-vis the hirers to terminate the hiring. ... Clause 4(a) of the agreement provides that in such an event the plaintiffs were entitled forthwith and without notice or demand to "terminate the hiring and retake possession of the property." ... The hire-purchase agreement in that case provided that in default of Punctual payment of any of the hire-rentals...... the owners may....
arrears of hire-rent or damages for breach of this agreement forthwith and without notice or demand terminate the hiring and retake possession of the property; and/or (b) by written notice either served personally on the hirer or sent by post or otherwise to the hirer or to his last known address forthwith ... The hire-purchase agreement in that case provided that in default of Punctual payment of any of the hire-rentals...... the owners may immediately terminate the hiring and they shall thereupon wi....
Provided there are conditions precedent still unfulfilled within the one-month period, the Respondent therefore has the absolute discretion to terminate the Facility, as it had done so. ... This was done on the basis that the Appellant had failed to fulfil the conditions precedent within the stipulated one-month period. ... Time was not at large after the lapse of the one-month period because as found earlier, the Respondent had the contractual right to terminate its absolute discretion, which need not be exercised #HL_S....
In such situations, instant termination forthwith would obviously have been intended as it is fair and necessary - without having to give 60 days notice. [16] Clause 12.1(d) of the Service Agreement mentions cl 17. ... It would be absurd to argue that the Appellant would still need to give a further notice and to wait for 60 days to terminate the Service Agreement. ... In such a situation, the Appellant would obviously be entitled to terminate the Service Agreement on the ground of a fundamental breach of contract by the Respondent custom....
“When a statute requires that something shall be done “forthwith” or “immediately” or even “instantly”, it should probably be understood as allowing a reasonable time for doing it.” In the case of Bidya Deb Barma Etc. v. District Magistrate, Tripura, Agartala, reported in AIR 1969 SC 323, the Hon'ble Supreme Court observed as follows :
“When a statute requires something to be done ‘forthwith,’ or ‘immediately’ or even ‘instantly,’ it should probably be understood as allowing a reasonable time for doing it.”
It should be done forthwith by issuing appropriate instructions. If the practice in the Department of Revenue has been to the contrary, it is high time that such practice ceases.
"When a statute requires that something shall be done "forthwith" or "immediately" or even "instantly", it should probably be understood as allowing a reasonable time for doing it." The word 'forthwith' in Section 3(3) and the phrase 'as soon as may be' used in the fourth sub-section were considered in Keshav Nilkanth Joglekar v Commissioner of Police, Greater Bombay, 1956 SCR 653 at pp 658-660: AIR 1957 SC 28 at p.32. Ex-plaining this word Maxwell in Interpretation of Statutes (Eleventh Edn) at p.341 observed as follows:
However, when an act is done after an interval of time and there is no explanation forthcoming for the delay it cannot be held to have been done ‘forthwith’. Therefore, an act to be done ‘forthwith’ means that it should be performed with reasonable speed and expedition and that any delay in the matter should be satisfactorily explained.
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