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

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

There was no concluded contract enforceable by the respondent and no evidence of a statutory scheme binding the employer; specific performance of a contract of personal service is not permitted except in defined exceptions; only remedy, if any, would be damages.

Source-derived case information.

Parties
Appellant: Nandganj Sihori Sugar Co. Ltd., Rae Bareli; Respondent: Badri Nath Dixit; Respondent: U.P. State Sugar Corporation Ltd.; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
24 April 1991
Procedural Posture
Civil Appeal / Appeal Before Supreme Court
Outcome
Appeal allowed
Legal Topics
Specific Performance of Employment Contracts, Mandatory Injunctions
Contract Law Specific Relief Specific Performance of Employment Contracts Mandatory Injunctions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nandganj Sihori Sugar Co. Ltd., Rae Bareli

Appellant

Badri Nath Dixit

Respondent

U.P. State Sugar Corporation Ltd.

Respondent

State of Uttar Pradesh

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether a contract for employment is enforceable against the employer by mandatory injunction
  2. 2 Whether damages are a remedy for breach of personal contract

Ratio Decidendi

There was no concluded contract enforceable by the respondent and no evidence of a statutory scheme binding the employer; specific performance of a contract of personal service is not permitted except in defined exceptions; only remedy, if any, would be damages.

Court Disposition

Appeal allowed

Orders

  • Decrees of the High Court and the first appellate court set aside
  • Decree of the trial court restored