point is very clear that if there is a negative covenant, injunction should be granted even though the contract is not specifically enforceable in terms ... suit for perpetual injunction under Chapter VIII (Section 38-42) of the Specific Relief Act for an injunction to enforce a negative covenant under Section
complaint against the order on the basis that it was a mandatory injunction. On that basis he argued that there were several reasons ... interim' order of a positive character in aid of a negative injunction which was ,the only permanent injunction asked for in the suit
think it follows that breach of an implied negative covenant cannot be restrained by injunction merely because the covenant is contained in a contract ... affirmative agreement, shall not preclude it from granting an injunction to perform the negative agreement; provided that the applicant has not failed to perform
plaintiff's claim in part. He granted him a negative injunction restraining the defendant from interfering with his enjoyment of light and air through
entirely a wrong view of the law. Where it is negative agreement prohibitory injunction both interlocutory as well as final may be made ... that the case does not merit granting of a prohibitory injunction to enforce any negative covenant; and
vii) that grant of any prayer for temporary
negative covenant, this Court should grant an order of injunction enforcing the negative covenant.
13. In this matter, the learned Counsel for the respondent ... shall not preclude the Court from granting an injunction to enforce the performance of the negative covenant. This is clearly the right of the petitioner
discretion by the Court while granting an order of injunction towards enforcement of a
negative covenant by the plaintiff against the defendant:- (i) whether ... affirmative agreement shall not preclude it from
granting an injunction to perform the negative agreement. The non-obstante clause contained in
section
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
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 ... plaintiff.
26. The plaintiff has filed the suit for mandatory injunction, perpetual
injunction and damages against the defendant. The plaintiff has filed
the suit
that when such a contract is not enforceable, an order of injunction in support of such performance cannot be appreciated. In the case of Union ... could not be permitted to continue his suit for mere negative injunction. In the case of Satish Bahadur v. Hans Raj (supra) the Punjab
