breach of the negative stipulation. The breach of the negative stipulation would have been a breach of the contract would injunction though limited to preventing ... agreed to the negative stipulation, the negative stipulation must be held binding on him and if there is breach of the negative stipulation, the employer
negative stipulation. The breach of the negative stipulation would have been a breach of the con-tract and an injunction though limited to pre-venting ... agreed to the negative stipulation, the negative
stipulation must be held binding on him and
if there is breach of the negative stipulation the employer
that unless the affirmative covenant is coupled with a negative one, an injunction is not to be issued. This principle is illustrated in Whitewood Chemical ... employ and, therefore, the covenant being affirmative and not negative, no injunction would be granted. This decision also is not in any way inconsistent with
Shri Prithvi Cotton Mills Ltd. vs Broach Borough Municipality And Ors. on 10 September, 1966
confidence, is needed does not preclude the Court from granting
negative injunction designed to encourage : the party in breach to
perform its part.
8. Reliance ... done, perhaps it would have
passed muster for not granting injunction in respect of negative
covenants, but then what was most disturbing was striking
breach of a negative stipulation even if the negative stipulation be not express but implied. If therefore any negative stipulation can be implied ... negative stipulation. The negative stipulation may be express or implied but it must be a distinct negative stipulation. The negative stipulation cannot be implied merely
question.
8. Learned advocate further submitted that there is no negative
injunction against the petitioner No.2 or against the other petitioners
issued
enforce that negative stipulation in the contract and they were entitled to enforce that negative stipulation by means of an injunction. It is undoubtedly true ... breach of a negative stipulation even if the negative stipulation be not express but implied. If therefore, any negative stipulation can be implied
much as it directs the petitioner in the guise of a negative injunction to do a positive act namely, to leave the epeoified area, which ... abstain from a certain act." The direction can be only negative in character. No positive act can bs direoted to be done under this
influenced by observation and finding made by the
Courts below while rejecting injunction application as well as
Appeal from Order.
Learned advocate ... that observation and findings arrived at by
learned Trial Court while negating injunction application and
confirmed by learned Appellate Court by separate reasons and
findings
