Niyam v2 is live — start for just ₹100 — 200 credits to try

june 2017

Supreme Court of India · 2017-06-19

KANCHAN UDYOG LIMITED vs UNITED SPIRITS LIMITED

Citation / case number
SC 2005/8150
Court
Supreme Court of India
Petitioner
KANCHAN UDYOG LIMITED
Respondent
UNITED SPIRITS LIMITED
Author
HON'BLE MR. JUSTICE NAVIN SINHA
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE THE CHIEF JUSTICE RANJAN GOGOI

Judgment text excerpt

The Supreme Court addressed the unilateral termination of a bottler's agreement under Section 62 of the Indian Contract Act, emphasizing that novation requires mutual consent and cannot occur through unilateral actions. The Court held that the appellant's performance of obligations was not in dispute, and the termination was contrary to the agreement's terms. The appeal was dismissed, affirming the Division Bench's decision to reverse the Single Judge's decree for damages.

KANCHAN UDYOG LIMITED vs UNITED SPIRITS LIMITED · Niyam