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The Golden Valley Educational Trust vs The Vokkaligara Sangha on 25 September, 2013 Author: N

loss suffered by plaintiff? 4. Whether plaintiff is entitled for mandatory injunction directing the defendant to produce all infringing label and goods in its custody ... oral and documentary answered the 6 issues 1 to 5 in the negative and dismissed the suit. It is this judgment and decree which

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

plaint, specific performance of the Letter of Negative Lien has been sought. A permanent injunction was sought restraining the defendants from in any manner committing ... specific performance of the terms of the Negative Lien Letter. Prayer (3) is for permanent injunction restraining the defendants from alienating, selling

para 6)": But here the order of interim injunction made by the learned Judge does not, expressly or by necessary implication, carry any direction ... 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

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

plaintiff's property, has erred in denying the relief of mandatory injunction and possession. According to the appellant, the finding of encroachment by the Commissioner ... mandatory injunction could be summarized as under:-- The grant of a mandatory injunction is, of course, entirely discretionary and unlike a negative injunction can never

relation to the premises. L//. 28 (xxvi) Injunction can be granted to enforce the negative covenant and section 42 of the Specific Relief ... agreement not to do certain act, the Court can grant injunction to enforce the negative covenant. {xxXvii) Placing reliance on the decision re§:--o:rtledV

that when the suit for negative declaration is not maintainable, the plaintiff is also not entitled for perpetual injunction, since under ExP55, the plaintiff ... 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

refer to Section 42 of the Specific Relief Act. 42. Injunction to perform negative agreement.--Notwithstanding anything contained in clause (e) of section 41 , where ... affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: Provided that the plaintiff has not failed to perform