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PART III PREVENTIVE RELIEF · CHAPTER VIII PERPETUAL INJUNCTIONS

Section 42: Injunction to perform negative agreement

The Specific Relief Act, 1963

Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:

Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.

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Footnotes in the official text

  1. 1.Sections 43 and 44 rep. by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20-12-1974).

Questions on this section

3 questions in 12 of our papers cite Section 42. Try these from the free papers:

  1. 1. In Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co. Ltd., AIR 1967 SC 1098, the Supreme Court held that a negative covenant in a contract of employment, operative only during the term of the employment:

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