bond of 10 years is extremely
unreasonable and amounts to negative covenant and as such cannot be
enforced. The same is also in violation ... contract period.
47. The plaintiff has specifically argued that Negative covenants
operative during the period of the contract of employment when the
employee is bound
that the position in
England was that a breach of a negative covenant would warrant
injunction. However, the position in India is different, as here ... Signing Date:20.08.2022
12:39:17
injunction to enforce a negative covenant would be refused if it would
indirectly compel an employee either to idleness
Plaintiff has inter alia
sought relief in terms of the negative covenants contained in the
Collaboration Agreement dated 15.12.2021 entered into between the
Plaintiff ... from the extracted
clauses of the Collaboration Agreement that there were negative
covenants contained therein and which restrained the Defendant No.1
including the streamers
which was a limited right; and such
permission contained an implied, negative covenant enjoining the
respondent from claiming any rights or interests whatsoever in
relation ... company. It is argued that
as a sequitur, there is no negative covenant or prohibition on the
respondent asserting what he was engaged in doing
which was a limited right; and such
permission contained an implied, negative covenant enjoining the
respondent from claiming any rights or interests whatsoever in
relation ... company. It is argued that
as a sequitur, there is no negative covenant or prohibition on the
respondent asserting what he was engaged in doing
which was a limited right; and such
permission contained an implied, negative covenant enjoining the
respondent from claiming any rights or interests whatsoever in
relation ... company. It is argued that
as a sequitur, there is no negative covenant or prohibition on the
respondent asserting what he was engaged in doing
And For The Relief Of Permanent ... vs Was Appointed By The Plaintiff As A ... on
negative covenant in the said Deed which restricts Defendant No. 1 from
exploiting the rights in the remade film. Defen dant ... executed Agreement would have clearly and expressly con tained a
negative covenant to the effect. Section 2(d)(v) defines 'author
that the respondents are
right in contending that enforcement of the negative
covenants presupposes the existence of a subsisting
agreement. As noticed earlier ... assumption that the original agreement stood
renewed including the negative covenants contained
in clauses 15 and 20 of the original agreement which
authorised only
upheld a restrictive clause in a technology transfer agreement, which
imposes negative covenants on the licensee to not disclose or use the
9
information received ... there is a necessity to impose
some restrictions and recognize negative covenants in service contracts
especially where it involves specialized knowledge as it must live