Indian Contract Act, 1872, Section 27 -- Injunction - Restraint of trade - Where plaintiff in guise of a confidentiality clause, is attempting to enforce a covenant in restraint of trade, same is void by virtue of S.27 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 27 -- Ad interim injunction - Restraint of trade - Allegations that defendants copied data base of plaintiff - However, there is no evidence to remotely indicate that any particular data base of plaintiff is removed or copied by defendants - Fact that defendants approached plaintiff's..........
Transfer of Property Act, 1882, Section 106 -- Lease - A deemed monthly tenancy is created in those cases where there is no express contract to the contrary, which is terminable at a notice period of 15 days...........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........
Transfer of Property Act, 1882, Section 106 -- Expression `contract to the contrary' cannot be read to mean that parties are free to contract out of express provisions of law, thereby defeating its very intent - Contract must be a valid contract...........
Transfer of Property Act, 1882, Section 130 -- Assignment of contract - There can only be an assignment of rights arising under a contract but not the burden of a contract...........
Indian Contract Act, 1872, Section 62 -- Novation - Two arbitration agreements - Subsequent agreement in the nature of amendment to prior agreement and subsequent agreement not resulted in substituting or rescinding or extinguishing prior agreement - It cannot be said that there is novation of contract, as prior agreement became part of subsequent agreement - Moreover,..........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Specific Relief Act, 1963, Section 14, 34 -- Contract of personal service - Cannot be specifically enforced - Termination of service of an employee by a private company, at best, gives right to aggrieved employee to sue for compensation in money - Suit for declaration that termination is illegal is not maintainable...........
Monopolies and Restrictive Trade Practices Act, 1969, Section 12B, 36A -- Compensation - Insurance policy against burglary and house breaking - Appellant made out a case of `theft without a forcible entry' and contended that forcible entry is not required for a claim to be made under the policy - However, policy covers loss or damage by burglary or house breaking which..........
