respondents to respond to the disqualification
petitions created a negative injunction on the functioning of the
Speaker. The order of this Court on 29 June
these provisions,the positive condition ‘solely
for educational purposes’ and the negative
injunction‘ and not for purposes of profit’ loom
large as compulsive mandates, necessary
seeking specific performance of
the contract but an injunction to perform a negative covenant. He submitted
that nothing precludes the Court from granting an injunction ... Court granted injunction restraining the defendants from rendering
their services to third parties and hence enforced negative covenant of a
contract of personal service
section 10 , it is seen
that it starts with a negative injunction by saying that no
Court shall proceed with the trial of any suit
educational purposes and not for purposes of profit'
the other negative reference to profit, in respect of educational institutions, is in
the seventh proviso ... positive condition
'solely for educational purposes' and the negative injunction 'and not for purposes
of profit' loom large as compulsive mandates
affirmative agreement will
not be precluded for granting an injunction to perform the negative
agreement, provided that the party has not failed to perform ... Further, there is such no negative covenant
in the Collaboration Agreement to make out a case for an injunction.
64. Thus, in terms of Section
Online Bom 760 - Iridium India Vs. Motorola Inc.
Grant of injunction for breach of negative covenant
7. 1995 (5) ACC 545 - Gujarat Botting Vs. Coca ... case.
f) The decisions pertaining to 'grant of injunction', for breach of
negative covenant, enforcement of contract, 'relief in-personam', anti
where a contract is negative in nature, or contains an express
negative stipulation, breach of it may be restrained by injunction ... 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
plaint plan?
ii) Whether the plaintiff is entitled for mandatory injunction as
prayed for?
iii) To what relief?
8. During the course of trial ... removed during pendency of the
suit, hence the relief of mandatory injunction was negative.
Being not satisfied with the same, the defendants
plaint plan?
ii) Whether the plaintiff is entitled for mandatory injunction as
prayed for?
iii) To what relief?
8. During the course of trial ... removed during pendency of the
suit, hence the relief of mandatory injunction was negative.
Being not satisfied with the same, the defendants
