such injunction is not saved by Section 42 of
the Specific Relief Act, 1963 as no injunction, even to enforce a
negative covenant ... injunction is completely proscribed. Of
these, clauses (e) and (h) are relevant. They read as under:
"41. Injunction when refused. - An injunction cannot
plaint, specific performance of the Letter of Negative Lien has
been sought. A permanent injunction was sought restraining the
defendants from in any manner committing ... specific performance of
the terms of the Negative Lien Letter. Prayer (3) is for permanent
injunction restraining the defendants from alienating, selling
Lords proceeded to hold that
in cases of a negative covenant, the injunction does nothing more than give the
sanction of the Court ... bound
to grant an injunction in every case and can refuse an injunction for enforcing
a negative covenant on the existence of certain conditions
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
doubt that
the courts have a wide discretion to enforce by injunction a negative
covenant. Both the courts below have concurrently found that the
apprehension ... cannot be heard to say that no injunction
should be granted against him to enforce the negative covenant which
is not opposed to public policy
injunction
and the plaintiff not being in possession was not entitled to the relief
without claiming recovery of possession, consequently an order of
injunction also ... injunction be
denied, when in my prima facie view, this is a fit case for grant of
injunction, is answered in the negative. This issue
year 1985 that too for bare injunction. Accordingly, the
Point No.1 is answered as Negative.
44
Point No.2:
39. The appellant
anti-suit injunction apparatus cannot, he
submits, be used for such oblique purposes.
15. Mr Kaul prays, therefore, that the anti-suit injunction already
granted ... injunction, restraining the
defendants from proceeding with the Texas proceedings. If the
answer to the query is in the negative, then, even if the plaintiff
N.Ranga Rao & Sons Private Ltd vs / on 17 August, 2021
Author: G.Jayachandran
accepted by the courts below and accordingly
declined the relief of permanent injunction prayed for by her. On account
of the strained relationship between ... demise of Sundarraj,
the courts below had proceeded to negative the relief of permanent
injunction sought for by the plaintiff. Accordingly, the trial court
