nature of determinable contracts and legal remedies

Food Corporation of India VS Iqbal Motors Transport Service (M/S) - 25 Nov 22

India - Jammu and Kashmir

the provisions of the Specific Relief Act, particularly Sections 14(d) and 41(e), which state that contracts that are determinable ... cannot be specifically enforced and that injunctions cannot be granted to prevent breaches of such contracts. ... the injunction was permissible under the Specific Relief Act given the nature of the contract. ... rights and remedies available to the corporation under the contract and law of the land. ... a) (b) (c) (d) a contract which is in its nature determinable. ... It is not denied by the respondent-transport company that the present dispute is arising out of a determinable contract and as such

Ghh Bumi Mining Services Pvt. Ltd. VS Hindustan Zinc Ltd. - 30 Jun 23

India - Delhi

Finding of the Court: The court found that the contract was determinable in nature and the termination was based on ... Arbitration & Conciliation Act - Urgent directions sought for staying operation of termination of a project - Determinable nature ... Ratio Decidendi: The court held that a contract which is determinable in nature cannot be specifically enforced, and no injunction ... There is no manner of doubt that the contracts by their nature determinable." ................. ... The word, "determinable", in legal parlance shall indicate and suggest `liable to end upon the happening of a contingency'. ... and without prejudice to other rights and remedies under the Contract or otherwise, avail itself of any one or more of the remedies

Narendra Hirawat and Co. VS Sholay Media Entertainment Pvt. Ltd. - 09 Mar 20

India - Bombay

The court found that the contracts were not inherently determinable and granted interim protection to the Plaintiff. ... of the contracts. ... Ratio Decidendi: The court interpreted Section 14(d) of the Specific Relief Act and found that the contracts were not inherently ... is not “in its nature determinable.” ... , by its very nature, determinable and no specific performance could be claimed. ... Before we answer this, we deem it necessary to understand clearly what is meant by determinable contracts.

Inter Ads Exhibition Pvt Ltd. VS Busworld International Cooperatieve Vennootschap Met Beperkte Anasprakelijkheid - 13 Jan 20

India - Delhi

Finding of the Court: The Court held that the JVA was a determinable contract and could be terminated by either party ... The petitioner alleged that the respondent had wrongfully terminated the JVA and sought quashing of the termination notice and an ... The JVA was for four editions of the event and was to continue until terminated in accordance with the provisions of the JVA. ... Clauses of Section 9 of the Act shall not apply to contracts which are determinable and a prayer to specifically enforce them cannot ... very nature determinable and consequently could not be specifically enforced by way of the present proceedings. ... remedies flowing therefrom.

Union Territory of Jammu and Kashmir VS IFFCO-TOKIO, General Insurance Company Limited - 02 Feb 24

India - Jammu and Kashmir

Finding of the Court: The court found that the insurance contract was determinable and ... of Section 9 of the Arbitration and Conciliation Act, and the enforceability of the contract under the Specific Relief Act. ... The contract was for a maximum of three years, subject to renewal after 12 months, and the respondent expressed intent to terminate ... shall be final and binding upon the parties hereto, subject to legal remedies available under the law. ... The term ‘determinable in nature’ though is not defined under any statute, however, in legal parlance, it indicates or suggests ‘ ... The “insurance agreement” being determinable in nature in view of the above said discussion, thus, in terms of Section 14(d) of the

TURNAROUND LOGISTICS (P) LTD VS JET AIRWAYS (INDIA) LTD. - 30 May 06

India - Delhi

Issues: The issues revolved around the nature of the relationship between the parties, the validity of the termination, and ... Ratio Decidendi: The court determined that the agreement was determinable and could not be specifically enforced. ... IA 3848 of 2006 - Termination of Agreement - Code of Civil Procedure - Order 39 Rules 1 and 2 - Section 151 - [Section 206 of ... a contract which is in its nature determinable?. ... specific performance of an agreement which by its nature is determinable. ... Thus all revocable deeds and voidable contracts will fall within determinable contracts and the principle on which a specific performance

Overnite Express Limited VS Delhi Metro Rail Corporation - 12 Jun 20

India - Delhi

Court held that the License Agreements between the parties were by their very nature determinable and thus, in view of Section ... Issues: Whether the License Agreements between the parties were by their very nature determinable and thus, in view of Section ... Ratio Decidendi: Court held that the License Agreements between the parties were by their very nature determinable and thus ... There is no manner of doubt that the contracts by their nature determinable. ... is in its nature determinable. ... it be to note that in the two cases, the issue of determinable contracts and the Statutory bar under Section 14(1)(c) of the Specific

IL&FS ENGINEERING & CONSTRUCTION COMPANY LIMITED VS PASCHIMANCHAL VIDYUT VITARAN NIGAM LIMITED - 08 Jan 18

India - Delhi

nature and the availability of damages as the only remedy. ... a determinable contract cannot be specifically enforced, and damages are the only remedy available. ... Finding of the Court: The court dismissed the petition challenging the termination order, citing the contract's determinable ... of which cannot be specifically enforced and such contracts include contracts which are in its very nature determinable. ... Act specifies the contracts which cannot be specifically enforced, one of which is a contract which is in its nature determinable ... which is in its nature determinable; ... (d) a contract the performance of which involves the performance of a

Indian Oil Corporation Ltd. VS Bhagawan Balasai Enterprises, rep by its Proprietrix - 21 Nov 17

India - Madras

Arbitration and Conciliation Act, 1996 - Section 34 - Considering the nature and scope of this intra-court ... With regard to other three submissions, suffice to state that in the light of the vast width and amplitude of the arbitration clause ... look into the last but one sample too - Question of examining the correctness or otherwise both in terms of principle and quantum ... the term 'determinable' and expression 'in the nature of things'. ... kind (oil company dealerships) would be contracts which are by its nature determinable falling within the rigor of the expression ... an end and therefore, all revocable deeds and voidable contracts will fall within determinable contracts and the principle on which

Standard Chartered Bank Limited VS Sanjib Kumar Dey, alias Sanjib Dey - 06 Feb 25

India - Calcutta

in nature, and was determinable, thus no injunction could be granted. ... Nature of - The court ruled that the employment contract was not dependent on personal qualifications, allowing for specific performance ... The employment contract was deemed determinable, thus precluding the grant of an injunction. ... might have other legal remedies. ... However, such proposition does not clothe contracts of employment of the present nature with a cloak of immunity from being determined ... Act came into force on and from October 1, 2018, there is no bar to grant of specific performance of personal contracts, except

Narendra Hirawat VS Sholay Media Entertainment Pvt. Ltd. - 09 Mar 20

India - Bombay

the contract in question was not 'in its nature determinable' as it was determinable only in the event of the other party committing ... IP Suit - Film Licence Agreements - Specific Relief Act - Section 14(d) - Interpretation of 'determinable' contracts - Prima facie ... Finding of the Court: The court found that the Plaintiff's case of wrongful termination was prima facie justified and ... is not “in its nature determinable”. ... , by its very nature, determinable and no specific performance could be claimed. ... Before we answer this, we deem it necessary to understand clearly what is meant by determinable contracts.

CANORO RESOURCES LTD. VS UNION OF INDIA - 07 Mar 11

India - Delhi

and petitioner – Change of Personal interest in the constitution of the petitioner wherein foreign companies have acquired higher ... from the value of the same, ultimately it has to be monetized, and it is not such that the plaintiff cannot be compensated monetarily ... Specific Relief Act and hence specifically enforced. ... The contracts, which are determinable in nature have always been understood to mean those contracts, which can be put to an end to ... There is no manner of doubt that the contracts by their nature determinable. ... In M/s. Classic Motors Ltd. ... The appellant's case is that the contracts in question are not determinable in nature as contemplated by Section 14(i)(c) of the

Spice Digital Ltd. VS Vistaas Digital Media Pvt. Ltd. - 12 Oct 12

India - Bombay

Finding of the Court: The court found that the contract was determinable during the lock-in period and thus no specific ... not granted, and that the balance of convenience was not in favour of the appellant. ... the lock-in period and thus no specific performance of such contract can be enforced in view of section 14(1)(c) of the Specific ... is in its nature determinable. ... In Para 36 of the impugned order the arbitral tribunal has recorded a finding that the contract by its nature is determinable and ... for which respondent possess legal right is mentioned.

SDU TRAVELS PVT. LTD. VS VIPIN SHARMA - 04 May 17

India - Delhi

Thai Airways International Public Company Limited and Anr, 2012 SCC Online Delhi 4019, Satya Narain Garg, through his Legal heirs ... Finding of the Court: The court found that in private employment, contracts of personal service are not enforceable ... The court also emphasized that injunctions cannot be granted to direct continuation of a contract which is determinable. ... Garg (supra), and also the fact that contracts which are determinable in nature cannot be specifically enforced as per Section 14 ... is in its nature determinable, cannot be specifically enforced. ... (1)(b) of the Specific Relief Act, 1963, the contract being determinable in nature and hence cannot be enforced as per Section 14

ALL INDIA INSTITUTE OF MEDICAL SCIENCES VS RAJENDER PRASAD SHARMA - 04 Mar 04

India - Delhi

Finding of the Court: The Court analyzed the ad hoc nature of the Plaintiff's service, the availability of remedies ... availability of remedies and the enforceability of personal services. ... It referenced various legal provisions and interpretations from the Industrial Disputes Act and specific case laws to determine the ... in respect of remedies which are available under that Act and for which a complete procedure and machinery has been provided in ... Section 14 (1) (c) occurring in that chapter says that a contract which is in its nature determinable cannot be specifically enforced ... The contract in question embodies in the written agreement dated the 31st December, 1966 was in its nature determinable under Section

SDU Travels Pvt. Ltd. VS Vipin Sharma - 04 May 17

India - Current Civil Cases

continuation of a contract which by its terms is determinable – Order XXXIX Rule 1 and 2. ... (a) Specific Relief Act, 1963 – Section 14 and 41(e) – Private employment – Contract of personal service – Not enforceable – Decree ... for specific performance of a contract of personal service cannot be passed – No injunction can be granted which has the effect ... Garg (supra), and also the fact that contracts which are determinable in nature cannot be specifically enforced as per Section 14 ... is in its nature determinable, cannot be specifically enforced. ... (1)(b) of the Specific Relief Act, 1963, the contract being determinable in nature and hence cannot be enforced as per Section 14

National Highways Authority Of India VS Panipat Jalandhar Nh-I Tollway Pvt. Ltd - 13 Apr 21

India - Delhi

a Section 9 - whether the maintenance was good or bad or indifferent, is not a subject matter of a Section 9 petition and therefore ... Constitution of India, 1950 - Articles 36, 37, 12.4 , 7.1 , 7, 37 and 36 - Arbitration and Conciliation ... Act, 1996 - Section 9 - Specific Relief Act, 1963 - Section 14(1)(c) and Section 41 - Motor Vehicles Act - Section 167 - Seeking ... , by its very nature, determinable and no specific performance could be claimed. ... is ‘a contract which is in its nature determinable’. ... ), the argument being that the CA was not in its nature “determinable” and therefore, Section 14(1)(c) and Section 41 of the Specific

Systra Mva Consulting (India) Pvt. Ltd. Vs Mumbai Metropolitan Region Development Authority - 25 Feb 25

India - Bombay

(Paras 26, 28, 29) ... ... (B) Contract Law - Determinable Contracts - The ... ... ... Ratio Decidendi: The court held that the MMRDA must act fairly and cannot terminate contracts arbitrarily without reasons ... ... ... Findings of Court: ... The court found the termination arbitrary and quashed the notice, directing MMRDA to reconsider the ... , therefore it is not necessary for us to examine the nature of contract and whether it is determinable in nature. ... contract is determinable in nature and therefore incapable of being enforced specifically. ... and nature of the dealing.

Ushakant Buildwell (P) Limited VS Chinar Shipping & Infrastructure (India) P. Ltd. - 15 Mar 16

India - Delhi

Issues: Enforceability of the contract, grant of interim relief, determinable nature of the contract, delay and laches. ... injunction due to the determinable nature of the contract and the plaintiff's delay in taking action after the contract termination ... - Liquidated Damages - Determinable Contract - Delay and Laches Fact of the Case: The plaintiff filed for specific ... to be loathe in pursuing its legal remedies. ... Clause (c) of Section 41 enumerates the nature of contracts, which could not be specifically enforced. ... claimed that the contract by its nature is not determinable.

Thiess Minecs India Pvt. Ltd. VS NTPC Ltd. - 01 Jul 14

India - Delhi

and/ or expired in accordance with the terms of clause 8.3(b). ... Consequently, the contract did not provide for any hiatus between the completion of the development stage, and the start of the operations ... Sethi that the project agreement could not lapse and/ or expire under clause 8.3(b), the said submission of Mr. ... very nature determinable and consequently could not be specifically enforced by way of the present proceedings. ... In the same decision, the Division Bench considered the consequence of the fact that the contract was determinable by its very nature ... is determinable.

Searched Results

Food Corporation of India VS Iqbal Motors Transport Service (M/S) - 25 Nov 22

Ghh Bumi Mining Services Pvt. Ltd. VS Hindustan Zinc Ltd. - 30 Jun 23

Narendra Hirawat and Co. VS Sholay Media Entertainment Pvt. Ltd. - 09 Mar 20

Inter Ads Exhibition Pvt Ltd. VS Busworld International Cooperatieve Vennootschap Met Beperkte Anasprakelijkheid - 13 Jan 20

Union Territory of Jammu and Kashmir VS IFFCO-TOKIO, General Insurance Company Limited - 02 Feb 24

TURNAROUND LOGISTICS (P) LTD VS JET AIRWAYS (INDIA) LTD. - 30 May 06

Overnite Express Limited VS Delhi Metro Rail Corporation - 12 Jun 20

IL&FS ENGINEERING & CONSTRUCTION COMPANY LIMITED VS PASCHIMANCHAL VIDYUT VITARAN NIGAM LIMITED - 08 Jan 18

Indian Oil Corporation Ltd. VS Bhagawan Balasai Enterprises, rep by its Proprietrix - 21 Nov 17

Standard Chartered Bank Limited VS Sanjib Kumar Dey, alias Sanjib Dey - 06 Feb 25

Narendra Hirawat VS Sholay Media Entertainment Pvt. Ltd. - 09 Mar 20

CANORO RESOURCES LTD. VS UNION OF INDIA - 07 Mar 11

Spice Digital Ltd. VS Vistaas Digital Media Pvt. Ltd. - 12 Oct 12

SDU TRAVELS PVT. LTD. VS VIPIN SHARMA - 04 May 17

ALL INDIA INSTITUTE OF MEDICAL SCIENCES VS RAJENDER PRASAD SHARMA - 04 Mar 04

SDU Travels Pvt. Ltd. VS Vipin Sharma - 04 May 17

National Highways Authority Of India VS Panipat Jalandhar Nh-I Tollway Pvt. Ltd - 13 Apr 21

Systra Mva Consulting (India) Pvt. Ltd. Vs Mumbai Metropolitan Region Development Authority - 25 Feb 25

Ushakant Buildwell (P) Limited VS Chinar Shipping & Infrastructure (India) P. Ltd. - 15 Mar 16

Thiess Minecs India Pvt. Ltd. VS NTPC Ltd. - 01 Jul 14