vacancy and it should not be interpreted to include a negative injunction that the District Magistrate shall not make any order of allotment after
first to have a glance over the said provision:
42. Injunction to perform negative agreement.-- Notwith-
standing anything contained in clause (e) of Section ... affirmative agreement shall not preclude it from granting
an injunction to perform the negative agreement:
Provided that the plaintiff has not failed to perform
interim order which, though ostensibly in form an order of interim injunction, in substance amounted to a direction to the appellant to pay the amounts ... only in form but also in substance a negative injunction. It has no positive content. What it does is merely to injunct the appellant from
that case the injunction was disallowed by the Appellate Court; the injunction had been granted under a specific provision in the City of Madras Municipal ... virtue of resolution and notice. This however was an injunction of a negative kind and not a mandatory injunction. No one disputes that injunctions
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
whose product it is? The answer generally is in the negative. He buys a thing on the basis of his own impression ... order to ask for an injunction in a passing off action. Answering the question in the negative his Lordship observed
Legislature, which is wholly unwarranted and is a negation of the basic and salutary injunction enjoined by Article 14 of the Constitution.
18. On behalf
rule (2). Sub-rule (4) expressed in negative terms clearly operates as a statutory injunction against the appointment of any person unless
Kul Bhushan Mishra And Another vs State Of U.P. And 2 Ors on 26
when an injunction cannot be granted.
Section 42 enables, notwithstanding anything contained
in Section 41 , particularly Clause (e) providing that no
injunction can be granted ... which would not be
specifically enforced, the granting of an injunction to
perform a negative covenant. Thus, the power to grant
injunctions