Additional Public Prosecutors for the district, Sub-
section (5) contains a negative injunction on the State Government not
to appoint any person as the Public
performance of
which would not be specifically enforced;
Section 42 . Injunction to perform negative agreement.-
Notwithstanding anything contained in clause (e) of
section 41 , where ... declined. The legal principles with respect to
the grant of injunction to enforce negative covenant under Section 42
of the Specific Relief Act are well
question.
8. Learned advocate further submitted that there is no negative
injunction against the petitioner No.2 or against the other petitioners
issued
from
the services of gymnasium and spa, then the valid case of negative
covenant is made out and in such a case non compete clause ... defendants. The plaintiff has made out a
strong case of confirmation of injunction order. The question of
concealment of material facts and documents does
short), to contend that
this Court can grant an injunction to perform a negative agreement,
which according to him, is an exception to Section ... certain act,
the Court can still grant an injunction to perform a negative performance.
As I have already concluded above, that clause 7 does
Whether the plaintiffs prove that, they are
entitled to permanent injunction and
mandatory injunction as prayed for in this
suit?
4. What Decree or Order ... permanent injunction is
concerned and
in the Negative as far as
mandatory injunction is
concerned;
Point No.4 - as per Final Order below
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
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
present suit for permanent injunction would not
survive. This Court cannot pass any permanent injunction
to negate the order passed in O.S.7738/2007 ... prove
this issue. Hence issue No.2 is answered in the 'negative'.
17. Issue Nos.3 to 5:- Though plaintiff was shown
reliefs in the nature of an attachment before judgment or an injunction,
the Court will broadly bear in mind the fundamental principles of Order ... There is no case, thus, for granting any injunction by way of
enforcement of the negative covenant claimed by the Petitioner