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1 - 10 of 14 (0.56 seconds)The Indian Contract Act, 1872
Section 14 in The Specific Relief Act, 1963 [Entire Act]
Section 14 in The Indian Contract Act, 1872 [Entire Act]
Section 41 in The Specific Relief Act, 1963 [Entire Act]
The Specific Relief Act, 1963
Section 41 in The Indian Contract Act, 1872 [Entire Act]
Indian Oil Corporation Ltd vs Amritsar Gas Service And Ors on 19 November, 1990
25. Section 14(1)(c) of the Specific Relief Act also prohibits specific performance of an agreement which by its nature is determinable. Under Section 41 no injunction can be granted to prevent the breach of contract performance of which cannot be specifically enforced. For this proposition reliance can be placed on the decision of Apex Court in Indian Oil Corporation Ltd. v. Amritsar Gas Service in which case distributorship agreement made between Indian oil Corporation and Amritsar Gas Service as distributor of the Corporation for sale of Corporation's liquefied petroleum gas was determined under clause 27 of the agreement which provided for termination of the agreement of the Corporation forthwith on happening of the specific events while clause 28 provided that without prejudice to the other provisions of the agreement, it could be terminated by giving 30 days notice to the other party without assigning any reasons. The Supreme Court while looking into the said clauses and Section 14 and Section 41 of the of the Specific Relief Act had held: