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
this order is similar to the order in the nature of
mandatory injunction of restoration of possession at the
interlocutory stage. In Dora Cawasji Warden ... interlocutory stage. The Court made no distinction
between a negative injunction and a mandatory order
while passing an order at an interlocutory stage. The
Court
discretion by the Court while granting an order of injunction towards enforcement of a
negative covenant by the plaintiff against the defendant:- (i) whether ... affirmative agreement shall not preclude it from
granting an injunction to perform the negative agreement. The non-obstante clause contained in
section
doubt that the courts have a wide discretion
to enforce by injunction a negative covenant. Both the
courts below have concurrently found that ... explained that the Courts have a wide discretion
to enforce by injunction a negative covenant and will enforce the same
where it is necessary
injunction was not
maintainable, therefore the first requirement of availability
of a prima facie case being absent, all the three aspects
for grant of injunction ... held that the Court would ordinarily refuse to
grant some mere negative injunction in cases where a
plaintiff is in a position to claim
respondent-plaintiffs filed a suit for declaration,
injunction and alternative relief of possession.
An application seeking temporary injunction was filed by the
plaintiffs. The same ... possession. The plea
of the defendants to the contrary was negated. Injunction
was granted based on the material produced by the
plaintiffs.
5. Under these
facts of this case, in the suit prayer for injunction based on negative
covenants could not be asked for unless it was first established that ... apply where enforcement of a positive or negative covenant is sought in a
suit for injunction. However, in this case we have found that
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
Code of Civil Procedure , 1908."
" Section 42 - Injunction to perform negative agreement: where a contract
comprises an affirmative agreement to do a certain ... affirmative agreement shall
not preclude it from granting an injunction to perform the negative agreement.
Provided that the plaintiff has not failed to perform
competitor is bad and/or harmful. If a
manufacturer indulges in such negative
campaigning, the same would amount to
slandering of a rival product, which ... manufacturer affected by such slandering of his
product to an injunction against such negative
campaigning. Thus I am convinced that by the
first
