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january 2004

Supreme Court of India · 2004-01-06

M/S. Pearlite Liners Pvt. Ltd vs Manorama Sirsi

Citation / case number
AIR 2004 SUPREME COURT 1373
Court
Supreme Court of India
Petitioner
M/S. Pearlite Liners Pvt. Ltd
Respondent
Manorama Sirsi
Author
Arun Kumar
Bench
Brijesh Kumar, Arun Kumar

Judgment text excerpt

The Supreme Court addressed the issue of whether a civil court has jurisdiction to entertain a suit regarding a transfer order in employment, specifically under the context of a contract of service. The Court held that the suit was maintainable as the defendant failed to prove that the civil court lacked jurisdiction, thereby affirming the High Court's decision. The Court clarified that while specific performance of a contract of personal service is generally not enforceable, the legality of the transfer order could be challenged in civil court.

M/S. Pearlite Liners Pvt. Ltd vs Manorama Sirsi · Niyam