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
whereby a negative injunction has
been issued by the legislature restraining the magistrates to extend the
remand in the absence of the production
injunction should be granted against him to enforce the negative covenant. The injunction issued against him restricting him to a time frame is agreed upon ... grant of injunction. The Court is, however, not bound to grant an injunction in every case and an injunction to enforce a negative covenant would
contract could not be specifically enforced as against the defendants, a negative injunction restraining them from distributing the products otherwise than to the plaintiff could ... that event he would press his submission that a negative injunction should not be granted. With reference to this submission. Mr. M. S. Venkatarama Iyer
respondent contains a negative covenant and the court can always pre-vent breach of such a negative covenant by issuing an injunction. It is also ... service in this case contains a negative covenant, such a negative covenant can be enforced by granting an injunction pending the suit. It is said
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
pass an order of injunction. That power is conferred by clause (b) of Section 41 , and therefore, for an injunction under Order ... upholding the interim injunction on the ground that it was a negative injunction which only prevented the Union of India from recovering suo motu
whereby a negative injunction has been issued by the legislature restraining the magistrates to extend the remand in the absence of the production
likely to lead to inconvenience in practice. These is a negative injunction against the Archakas and the trustees that they should not interfere with ... that the plaintiffs' rights will be sufficiently protected by the negative injunction. The words, therefore, after "defendants
Specific Relief Act, 1963 reads as under:
"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