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company.
HELD: The appeal must fail.
(i) Negative covenants operative during the period of
employment when the employee is bound ... fall under s. 27 of the Contract Act. A
negative covenant that the employee would not engage himself
in trade
Supreme Court of India
damages on account of the breach of negative covenant
contained in clause (10); and for permanent injunction
restraining the respondent ... interim injunction by way of enforcing
the aforesaid negative covenant and a Single Judge of the
Delhi High Court initially
Supreme Court of India
Defendant be directed to give effect to the
negative covenant contained in clause 15 and 20 of the
Extraction Agreement ... suit for perpetual injunction
insisting upon performance of the negative covenants as contained in
Clauses
Supreme Court of India
Arguing further learned senior counsel submitted that all negative covenants are
not in restraint of trade. This is true even ... though the negative covenant may have an
impact at a stage after the term of the contract. Thus, for example
Supreme Court of India
defendant
from serving elsewhere in breach of the negative covenant contained in
the agreement. The prayer is found in para ... terms recognise
such contracts and the existence of a negative covenant therein. It is
therefore futile to contend that
Bombay High Court
question for consideration in this appeal is whether the
negative covenant or stipulations contained in the letter of intent
dated ... further contended that in the case of negative
covenant or stipulation, the Court will usually enforce compliance by
injunction without
Madras High Court
covenant to do a certain act coupled with a negative covenant not to do
a certain act, the fact that ... preclude ii from
granting an injunction to perform the negative covenant, provided of
course that the applicant has not failed
Gujarat High Court
five years. The plaintiffs seek to enforce the negative
covenant embodied in Clause 13.1 which has been quoted in para ... CASE
6. The defendants urged three points :--
(i) The negative covenant embodied in Clause 13.1 of the contract
sought
Bombay High Court
conclusion that the said contract also included a negative covenant
and therefore, the said negative covenant could be given effect ... binding contract or not and
whether it contains a negative covenant or not and also as to whether
the said
Delhi High Court
which is important. In form this is a negative covenant; but,
as pointed out by Mr. Setalvad ... says that the
whole of Clause 6 is a negative covenant, and that you cannot " perform
" a negative, and that
Bombay High Court
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