Court is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would ... Court is not bound to grant an injunction in every case and an injunction to enforce a negative covenant would be refused if it would
where a contract is negative in nature, or contains an express negative stipulation, breach of it may be restrained by injunction and injunction is normally ... 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
controversy involved in the Interim Injunction
application is about grant of ad-interim injunction to seek
enforcement of negative covenant. The prayer in the Interim ... cannot be a reason for seeking ad-interim injunction or interim
injunction for enforcement of negative covenant. In view of the
peculiar facts of this
agreement with the third party.
7. Clause 19.2 contains a negative covenant. The negative covenant is that upon the expiry of the term ... affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement.
15. Now Clause 31(b) of the Contract which fell
interim relief on 23rd May 2007 itself. That was the negative injunction secured by the Defendants from the Court by misrepresentation of material facts. According
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 ... that the Court will not grant an injunction to restrain the breach of a negative stipulation in a contract of a personal service where
imperative provisions, in the former case an infringement of the negative injunction amounts to an assumption of the jurisdiction and vitiates the trial from
shall be consulted" is a positive injunction differing from a negative injunction, as for instance embodied in Article 311(1) , and what is urged ... positive injunction rather than in the form of a negative injunction. Some point was sought to be made, and we are afraid we have
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
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
