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Jan 30, 2026

SC Holds that Unilateral Declaration of a Non-determinable Agreement is Not Valid

The SC, in K.S. Manjunath v. Moorasavirappa[1], held that unilateral termination of an agreement by a party is impermissible in law, except in cases where the agreement is determinable. The SC laid down the following principles, inter alia, in this regard:

i.    in cases involving non-determinable contracts it should be the terminating party, which should ideally approach the Court and obtain a declaration as to the validity of the termination; and

ii.   if an agreement itself gives no right to unilaterally terminate, or such right has been waived, and a party still unilaterally terminates the agreement, then such termination would amount to a breach by repudiation. In such a case, the non-terminating party can directly seek specific performance, without first seeking a declaration on the validity of termination.

[1] K.S. Manjunath v. Moorasavirappa, 2025 SCC OnLine SC 2378.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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