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april 1991

Supreme Court of India · 1991-04-24

NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELI AND ANR. vs BADRI NATH DIXIT AND ORS.

Citation / case number
SC 1989/72491
Court
Supreme Court of India
Petitioner
NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELI AND ANR.
Respondent
BADRI NATH DIXIT AND ORS.
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that a contract of employment cannot typically be enforced against an employer, and the appropriate remedy for breach is to sue for damages, as established under Sections 14 and 41 of the Specific Relief Act, 1963. The Court emphasized that specific performance is discretionary and should not be granted unless warranted by justice. The appeal was allowed, overturning the lower courts' decisions, as there was no evidence of a binding contract or statutory requirement for the appointment sought by the respondent.

NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELI AND ANR. vs BADRI NATH DIXIT AND ORS. · Niyam