breach of the negative stipulation. The breach of the negative stipulation would have been a breach of the contract would injunction though limited to preventing ... agreed to the negative stipulation, the negative stipulation must be held binding on him and if there is breach of the negative stipulation, the employer
point is very clear that if there is a negative covenant, injunction should be granted even though the contract is not specifically enforceable in terms ... suit for perpetual injunction under Chapter VIII (Section 38-42) of the Specific Relief Act for an injunction to enforce a negative covenant under Section
negative stipulation. The breach of the negative stipulation would have been a breach of the con-tract and an injunction though limited to pre-venting ... agreed to the negative stipulation, the negative
stipulation must be held binding on him and
if there is breach of the negative stipulation the employer
performance or an injunction will not prevent the Court from granting an
injunction to perform the negative covenant. According to the learned
counsel, the defendants ... however, not bound to grant an injunction in
every case and an injunction to enforce a negative
covenant would be refused if it would indirectly
Court is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would ... Court is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would
The Golden Valley Educational Trust vs The Vokkaligara Sangha on 25 September, 2013
Author: N
that unless the affirmative covenant is coupled with a negative one, an injunction is not to be issued. This principle is illustrated in Whitewood Chemical ... employ and, therefore, the covenant being affirmative and not negative, no injunction would be granted. This decision also is not in any way inconsistent with
where a contract is negative in nature, or contains an express negative stipulation, breach of it may be restrained by injunction and injunction is normally ... however, not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would indirectly
affirmative agreement in the present
Petition. The injunction prayed for is for enforcement of a negative
agreement not to do a certain ... Court is not
precluded to grant an injunction to perform the negative agreement even if
there are circumstances that prevent the Court to compel specific
negative terms the positive terms might be enforced by a decree of
specific performance and the observation of negative terms must be enforced
by injunction ... different. The judgment is
clearly distinguishable.
Courts will generally grant a negative injunction to encourage a party
in breach to keep to his contract
