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
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
Wipro Limited vs Beckman Coulter International S.A. on 11 July, 2006
Equivalent citations: 2006
pass an order of injunction. That power is conferred by clause (b) of Section 41 , and therefore, for an injunction under Order ... upholding the interim injunction on the ground that it was a negative injunction which only prevented the Union of India from recovering suo motu
position in
England was that a breach of a negative covenant would warrant
injunction. However, the position in India is different, as here ... Page 11 of 44
Signing Date:20.08.2022
12:39:17
injunction to enforce a negative covenant would be refused if it would
indirectly compel
para that Courts have a wide
discretion to enforce by injunction a negative covenant. Both the
courts below have concurrently found that the apprehension ... Ammunition Co. Ltd. L.R. [1894] A.C. 535 an injunction to
enforce the negative covenant can be granted under illustrations
suit the appellant company sought an interim injunction by way of enforcing the aforesaid negative covenant and a Singly Judges of the Delhi High Court ... Ammunition Co. Ltd. L.R. [1894] A.C. 535 an injunction to enforce the negative covenent can be granted under illustrations
illustrations (c) and (d) thereof are set out below:
57. Injunction to perform negative agreement.-Notwithstanding Section 56 , clause (f) where a contract comprises ... affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement : Provided that the applicant has not failed to perform
negative covenant and therefore, the said negative covenant could be given effect to and be specifically enforced by way of an injunction as contemplated under ... Specific Relief Act the Court is competent to grant an injunction to perform negative agreement but such Court is not bound to grant an injunction
