perform a negative covenant. This position is undisputed.
66. In the present case, the contract contains both affirmative covenants as also negative/covenants (express ... perpetual injunction under Chapter VIII (Section 38-42) of the Specific Relief Act for an injunction to enforce a negative covenant under Section
implied negative covenant. There was no express negative covenant like in the present case. The City Civil Court had granted an omnibus injunction. According ... basis of the finding that there is no implied negative covenant. The negative covenant has been specifically provided in all the letters of appointment
positive covenants or to obliging the employee to remain idle or perform the positive covenants, such negative covenants can be enforced by an injunction ... issue an injunction to prevent breach of the negative covenant contained therein. The negative covenant is not void as being in restraint of trade
performance or an injunction will not prevent the Court from granting an
injunction to perform the negative covenant. According to the learned
counsel, the defendants ... 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
controversy involved in the Interim Injunction
application is about grant of ad-interim injunction to seek
enforcement of negative covenant. The prayer in the Interim ... cannot be a reason for seeking ad-interim injunction or interim
injunction for enforcement of negative covenant. In view of the
peculiar facts of this
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 ... negative
covenants. We shall assume that he is right in contending that Article 113
may apply where enforcement of a positive or negative covenant
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
Hamp(3) or where the
negative covenant was such that an injunction to enforce it
would indirectly compel the employee either to idleness ... that the courts have a wide discretion to enforce by
injunction a negative covenant. Both the courts below have
concurrently found that the apprehension
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 ... negative covenants. We shall assume that he is right in contending that Article 113 may apply where enforcement of a positive or negative covenant
such injunction is not saved by Section 42 of
the Specific Relief Act, 1963 as no injunction, even to enforce a
negative covenant ... further noted, by the
learned Single Judge, that there was no negative covenant in either of
the agreements. Resultantly, the occurrence
