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1 - 10 of 51 (0.53 seconds)Section 14 in The Specific Relief Act, 1963 [Entire Act]
The Specific Relief Act, 1963
Section 41 in The Specific Relief Act, 1963 [Entire Act]
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Code of Civil Procedure, 1908
Section 37 in The Specific Relief Act, 1963 [Entire Act]
Indian Oil Corporation Ltd vs Amritsar Gas Service And Ors on 19 November, 1990
In Indian Oil
Corporation v. Amritsar Gas Service, (1991) 1 SCC 533,
the Supreme Court explained that even where one of the
contracting parties was an agency of state, the
constitutional limitations of Article 14 as explained in
Dwarkadas Marfatia and Sons v. Board of Trustees of the
OMP(I)(COMM) 254, 255, 256 & 257/2019 Page 28 of 61
Port of Bombay (1989) 3 SCC 293, Mahabir Auto Stores v.
Indian Oil Corporation, (1990) 3 SCC 752 and Shrilekha
Vidyarthi v. State of U.P., (1991) 1 SCC 212 would not
apply since the case was based only on breach of contract
and remedies flowing therefrom. Therefore (SCC, p.541)
―the further questions of public law based on Article 14 of
the Constitution do not arise for decision in the present
case and the matter must be decided strictly in the realm of
private law rights governed by the general law relating to
contracts with reference to the provisions of the Specific
Relief Act providing for non-enforceability of certain types
of contracts.‖ On the facts of that case it was held that
(SCC, p.542 ―granting the relief of restoration of the
distributorship even on the finding that the breach was
committed by the appellant- Corporation is contrary to the
mandate in Section 14(1) of the Specific Relief Act.