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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
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.

M/S. PEARLITE LINERS PVT. LTD. vs MANORAMA SIRSI · Niyam