agreement, whereas it was essentially a suit for
perpetual injunction seeking enforcement of the negative covenants
contained in the agreement in Clauses ... 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
injunction". The Court has, therefore, power
under s.41 (b) read with the Second Schedule to issue
interim injunction, but such interim injunction ... only in form but also in substance a negative
injunction. It has no positive content. What it does is
merely to injunct the appellant from
interpretation are given in the form of maxims
8
(nyayas). The negative injunction is illustrated by the
Kalanja nyaya or Kalanja maxim.
14. The Kalanja ... point of view because it indicates the
mandatory nature of the negative injunction (nishedha). The
explanation of a Nishedha Vidhi appears more clearly from
Jaimini
suit the appellant
company sought an ad interim injunction by way of enforcing
the aforesaid negative covenant and a Single Judge of the
Delhi High ... Hakim Nordenfelt Guns &
Ammunition Co. Ltd.,(1) an injunction to enforce the
negative covenent can be granted under illustrations (c) and
(d) to section
employer's right
of property and (3) that the injunction to enforce a
negative stipulation can only be granted for the legitimate
purpose ... 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
proviso
and the impugned rule. The proviso does not carry any
negative injunction that transport tribunal shall not give
any other preferential consideration than what ... contradiction without diction. Unless s.
47(1) proviso carries a negative injunction that transport
tribunals shall not give any other preferential considera-
tion than what
only in form but also in substance a negative injunction. It has no positive content. What it does is merely to injunct the appellant from ... breach of the injunction order.
22. It is true that the order of injunction in that case was in negative form. But if an order
agreement, whereas it was essentially a suit for perpetual injunction seeking enforcement of the negative covenants contained in the agreement in Clauses ... 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
M/S New Noble Educational Society vs The Chief Commissioner Of Income Tax 1 on
only in form but also in substance a
negative injunction. It has no positive content. What it
does is merely to injunct the appellant from ... breach of the injunction order.
22. It is true that the order of injunction in that case
was in negative form. But if an order
