Section 42

Injunction to perform negative agreement.

The Specific Relief Act, 1963

  • Act 47 of 1963
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to define and amend the law relating to certain kinds of specific relief.

All sections
    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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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