relating
to contracts in which injunction can be granted and is as under:
"42. Injunction to perform negative agreement.--
Notwithstanding anything contained in clause ... binding on him.‖
The same permits injunction to enforce negative covenant in a
contract, even though the contract is not specifically enforceable.
32. I thus
contract, the Court cannot grant any
injunction to restrain the breach of the negative stipulation. Every
affirmative stipulation to do a positive thing must ... company's business,"
and, there being no negative stipulation, an injunction was refused)
Lindley L.J. said he looked upon Lumley v. Wagner
para that Courts have a wide
discretion to enforce by injunction a negative covenant. Both the
courts below have concurrently found that the apprehension ... Ammunition Co. Ltd. L.R. [1894] A.C. 535 an injunction to
enforce the negative covenant can be granted under illustrations
substantive element of the injunction.
15. Thus we see that in the Mimansa system as
regards negative injunctions (such as the one
contained ... interpretation are given in the form of
maxims (myayas). The negative injunction is
illustrated by the kalanja nyaya or kalanja maxim.
The kalanja maxim
negative agreement, express or implied, not
to do a certain act, the circumstance that the Court would ordinarily
refuse to grant a mere negative injunction ... agreement on the basis of which he is claiming that negative injunction
could not have been sought he fairly admits that such agreement
business.
Section 42 of The Specific Relief Act, 1963
42. Injunction to perform negative agreement.--Notwithstanding
anything contained in clause (e) of section 41 , where ... affirmative
agreement shall not preclude it from granting an injunction to perform the
negative agreement:
Provided that the plaintiff has not failed to perform
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
affirmative agreement shall not preclude it from granting
an injunction to perform the negative agreement.
***** ***** *****
19. Even in the absence of specific clause authorising ... affirmative
agreement shall not preclude it from granting an injunction to perform
the negative agreement.
19. The Division Bench has further held that
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
appellant filed the suit to pass decree of
declaration and perpetual injunction in respect of the suit
property. By a decree dated 03.07.2008 the suit ... owner of suit property. However, the
relief of possession and perpetual injunction was negated.
Feeling aggrieved, the plaintiff filed appeal and the
defendants filed cross
