Supreme Court of India · 2004-01-06
M/S. PEARLITE LINERS PVT. LTD. vs MANORAMA SIRSI
- Citation / case number
- SC 2002/1269
- Court
- Supreme Court of India
- Petitioner
- M/S. PEARLITE LINERS PVT. LTD.
- Respondent
- MANORAMA SIRSI
- Author
- JUDMENT ARUN KUMAR
- Bench
- ARUN KUMAR BRIJESH KUMAR
Judgment text excerpt
The Supreme Court held that a civil court has jurisdiction to entertain a suit challenging a transfer order, even in the absence of a written contract, as the relationship is based on a contract of service. The Court emphasized that the enforcement of a contract for personal service is not barred under Section 14 of the Specific Relief Act, 1963, which allows for specific performance in certain cases. The High Court's decision to direct the trial court to dispose of the suit on merits was upheld, affirming the plaintiff's right to challenge the transfer order.