defendant No.1 Company;
(xiv) that there are various negative covenants cast upon the
plaintiff in the JVA and by which the plaintiff continues ... done otherwise and that Clause 8
of the JVA constitutes a negative covenant against termination of BSA by
the defendants No.2 to 4. Relying
time attention to the service of the employers and also
a negative covenant preventing the employee from working elsewhere
during the term of the agreement ... MacDonald, ILR 36 Cal 354 as instances where such a negative
covenant was enforced, the learned Judges observed that Illustrations
(c) and (d) to Section
service contract has been given to the employer.
The negative covenant as contained in the agreement dated 16 th January,
OMP No.151/2013 Page ... argued that in the present case the contract
containing the negative covenants is completely enforceable in law. The
contractual period has not expired. The negative
contentions of the parties, the learned single Judge held that the negative covenants in agreement could be enforced only during the pendency of the contract ... contract restriction. The learned single Judge further held that clause 6 - negative covenant of the agreement can be enforced only during the period of contract
Respondent Romola Bhattacharjee, which according to Ms Sethna,
contained an express negative covenant that no modification thereof would
be binding upon the parties, unless ... respondent Nos.3 to
8, since there was a negative covenant in the Memorandum of
Understanding between respondent Romola Bhattacharjee and the plaintiff
appellant
suit is barred by Section 41 of Specific Relief Act. The
negative covenant contained in the bond of indemnity and service ... prescribed by
Director General of Civil Aviation, Govt. of India. The negative
covenant restraining the defendant no. 1 from rendering service as pilot
contended that it is open to the party to enforce the negative covenants of agreement by injuncting the respondent. The learned counsel for the applicant ... granting an injunction to perform the negative agreement."
66 The applicant in the garb of negative covenant cannot specifically enforce an agreement which
extent void". The answer to the question as to whether negative
covenant in the appointment letter and appraisal letter is void ... crux of the judicial pronouncement on the subject is that any
negative covenant which restrains an employee from joining the
competitor of an employee after
Jainath Matadin Chourasia vs Gopikishan Ramgopal Garg on 18 March, 2013
Author: S.C. Dharmadhikari
respondent
The Court : The petitioner seeks to enforce a negative covenant
contained in a sale and purchase agreement of December 21, 2009 between the
predecessor ... Henkel India Limited and
VVF Limited and contains the following negative covenant at clause (4) under
Article 4 thereof:
2
"During the first
