aggrieved by the taxability of Rs. 8,00,, 000/-towards a restrictive covenant. Appellant is also aggrieved by the disallowance ... issue of taxability of Rs. 8,00,000/- received towards restrictive covenant and also with regard to penalty levied in the case on hand
question that arose for consideration was whether in view of the restrictive covenant, contained in the statutory agreements between the CITB and the allottees ... question in these cases is whether the restrictive covenant found in the Statutory Agreements between the CITB/BDA on the one hand and the allottees
Modalities of Payments:
3.1 In consideration of Ashok agreeing
to the restricting covenants and terms
mentioned in Para 2 above. HBR Consultants
(P) Ltd. shall ... conditions
of this agreement.
Clause 2 of the agreement provides for Restrictive
Covenants and Terms, which read thus:
2.1 The tenure of this agreement
culled out the salient
features of the law insofar as Negative Covenants/Restrictive
Clauses after an overview of the different decisions as of that ... considering grant of injunction based on a
Negative Covenant, a distinction between a covenant that
restricts the employees from seeking employment of their
choice
deemed lawful tenant' in view of the
restricted covenant in the mortgage deed to the effect that mortgagee is to
only enjoy the property ... context, as controversy arose, counsel for the respondent
insisted upon the restricted covenant imposed in the mortgage deed. Of
cours, though in the usual course
Judges have expressed thus:
"It is first contended that the restrictive covenant in question is void. This would be so under the general ... Doubts having arisen as to the power of the Crown to impose restriction upon grants made by it, the Act was passed to remove such
defendants like other purchasers of the sites are bound by some restrictive covenants. Under these they are bound not to construct over a portion ... declaration that he is entitled to enforce against the defendants certain restrictive covenants laid down by the Bangalore City Municipality at the time of sale
because the grants were made at
market price and without any restrictive covenants. If Scheduled
Castes/Scheduled Tribes are only some amongst a plentitude
restricted alienation for a period of 10 years, the
Assistant Commissioner could not have relied upon the
21
Rules to hold that a restriction covenant ... Constitution. It was held
that the prohibition regarding alienation is a restrictive
covenant binding on the grantee. The grantee is not
challenging that condition
terms of a deed of trust or through or under any restrictive covenant in any instrument of transfer shall be ignored for the purpose
