Termination of contract for loss of confidence

Percept Talent Management Pvt. vs Yuvraj Singh, 2008 (2) ARBLR 49 Bom, 2008 (2) BomCR 654: http://www.indiankanoon.org/doc/1028780/. 

" An agreement of this kind is founded on trust, confidence and the basic principles which underlie a fiduciary relationship. The agreement is an instrument to provide an exposure to the public persona of the sportsperson. The public image of the sportsman is what the agreement is inextricably involved in generating. And the agent who represents the sportsman, negotiates on his behalf and deals as his sole and exclusive representative is a vital link in the creation of a public image. Such agreements are founded on trust and confidence. Where trust and confidence have ceased to exist in a relationship, the relationship cannot survive. The law will not enforce and compel parties to observe a relationship such as this where the foundation upon which it exists disappears. For the law does not enforce the husk where the substance does not survive. The aggrieved party is left to seek its remedies for breach in damages." 

Termination of Contract of Employee - compensation

“When a Claimant has been wrongly dismissed or his contract of engagement has been wrongly terminated, damages cannot include compensation for injured feelings, for the manner of his dismissal or for the loss he may sustain from the fact that his having been dismissed makes it more difficult for him to obtain fresh employment: Addis v Gramophone [1909] AC 488 ; Johnson v Unisys Ltd [2003] 1 AC 518 ;McGregor on Damages (17 ^th ed) 28–018 to 28–019, 28–023 to 28–024 pp 950–952, 954–955 

Writ Petition: Money Claim / Refund as consequential relief

"We are of the opinion that though the High Courts have power to pass any appropriate order in the exercise of the powers conferred under Article 226 of the Constitution, such a petition solely praying for the issue of a writ of mandamus directing the State to refund the money is not ordinarily maintainable for the simple reason that a claim for such a refund can always be made in a suit against the authority which had illegally collected the money as a tax.

We, therefore, hold that normally petitions solely praying for the refund of money against the State by a writ of mandamus are not to be entertained. The aggrieved party has the right of  going to the civil court for claiming the amount and it is open to the State to raise all possible defences to the claim, defences which cannot, in most cases, be appropriately raised and considered in the exercise of writ jurisdiction."

2001 (2) SCC 549 relied in ABL v. ECGC, 2004 (3) SCC 553

Offences by Companies - Directors

Directors is entitled to discharge once he proves that he was not director at the relevant time or was not officiating the the business of the company.  Shree Raj Travels [2010] 104 SCL 127 (Delhi)

Section 8 of Arbitration Act, 1996 - file original or certified copy

Parties are required to file original or certified copy of the arbitration agreement, failing which the application u/s 8 will be dismissed [2010] 104 SCL 13.

CLB and Arbitration : Articles v. Agreement

Gautam Kapoor v. Limrose Engg, [2007] 137 Comp Cas 513 (CLB - New Delhi)
if the allegations could be examined without reference to the terms of the agreement containing the arbitration clause, then the parties need not be referred to arbitration even if the subject-matter is covered in the arbitration agreement.


Enercom GmBH [2009] 91 SCL 60 (CLB - New Delhi)
if the subject-matter brought before this Board is the subject matter of Arbitration Agreement, the Board is bound to refer the parties to arbitration.
Relied in [2010]  104 SCL 13


Also:
Escorts Finance Limited v GR Solvents and Allied Industries Ltd., [1999] 96 Comp Cas 323 
we are of the view that the present disputes being disputes arising out of or in connection with the sponsorship agreement which provides for arbitration clause have to be referred to arbitration.... 


relied upon in [2011] 161 comp cas 427 (clb) - where apart from breach of agreement no allegation of oppression and mismanagement was made.

Interim order : Consumer Protection Act

Section 27 of the Consumer Protection Act, 1986 providing for punishment for breach of court's order applies also to interim orders. 2010 (6) Bom CR 241