Court : Delhi
Reported in : [2006(110)FLR1061]; (2006)IIILLJ540Del
..... employee from engaging or undertaking employment for twelve months after leaving the services of plaintiff was held to be contrary and in violation of section 27 of the indian contract act, 1872 and injunction was declined.43. the case of burlington (supra) relied on by the plaintiff is clearly distinguishable as that was the case of violation of the copyright. in this case an ..... section 27 of the indian contract act, 1872. it was held that such a stipulation would prime facie be against public policy of india and arm-twisting tactic adopted by employer against young man looking for a job. relying on section 41(e) of the specific relief act, it was held that the plaintiff will not be entitled for injunction as an injunction which cannot be ..... business/trade secrets of his employer to others and, especially, the competitors. in such a case, a restraint order may be passed against an employee because section 27 of the indian contract act does not get attracted to such situation. it is also to be added that a trade secret is some protected and confidential information which the employee has acquired in the ..... be served in discussing the several english decisions cited at the bar.53. under section 27 of the contract act, a service covenant extended beyond the termination of the service is void. not a single indian decision has been brought to our notice where an injunction has been granted against an employee after the termination of his employment.the plaintiff has not relied on .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1985AP30
..... facie ex.a-1 dt . 8-1-1979 satisfied the requirements of an irrevocable power of attorney under s. 202 of the indian contract act and therefore an injunction should be granted in favour of the petitioner-plaintiff. he also argued that the balance of convenience is in favour of granting an ..... sections 202 to 206 of the indian contract act and came to the conclusion that the document ex.a-1 was not an irrevocable power of attorney. in the result he held that there was no prima facie case made out by the plaintiff for the grant of an injunction or for the appointment of a ..... was held by the division bench of the madras high court that the agency was not one coupled with interest falling under s. 202 of the indian contract act. thus the document in that case was construed as a revocable power of attorney even though it expressly stated that it was irrevocable. such a construction ..... coupled with interest, then merely because the document itself describes the agency to be an irrevocable one, it does not become an irrevocable agency. the indian contract act also provides that in cases where the period of agency is prescribed and the agency is not, in law irrevocable, then the agent may have a ..... of ten year. it is also urged that the document created an interest in favour of the petitioner and that under s. 202 of the indian contract act such an interest was sufficient to bring the document within the conditions necessary for treating it as an irrevocable power of attorney. it is also argued .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2012(1)SCC578; 2012(1)LW372; 2012(1)KLT45SN; 2012(1)SCJ675; 2012(1)ALT49; AIR2012SCW369; 2012(1)KCCR17(SC)(SN)
..... interference was called for therewith. 26. in a short reply, mr. pradip ghosh submitted that in the instant case there was no violation of section 27 of the indian contract act, 1872, as the injunction sought for was not on trade or business but in respect of use of the trade mark. 27. from the submissions made on behalf of the respective parties and ..... , to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872, or not, we are inclined to accept mr. ghosh's submissions that the injunction sought for by the appellant was not to restrain the respondent from carrying on trade or business, but from using the trade mark which was ..... 5000 shares. 21. on the question of grant of injunction to implement a negative covenant, as envisaged in section 42 of the specific relief act, 1963, mr. singh urged that the covenant contained in the deed of assignment, which had not been acted upon, was contrary to the provisions of section 27 of the indian contract act, 1872, and was, therefore, void. 22. mr. singh submitted ..... the subject matter of dispute. accordingly, the provisions of section 27 of the indian contract act, 1872, would not be attracted to the facts in this case .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(1)ALD154
..... the parties or not. as held in atlas export industries ( supra), the suit agreement prima facie is covered by exception 1 to section 28 of contract act, even if the suit agreement is governed by the indian law. therefore, merely because arbitration has to take place in a foreign country, to which forum parties, with their eyes wide open, willingly submitted ..... general electric and icc., seeking a declaration that the claims referred to arbitration of icc., by general electric were beyond the purview and scope of the contract between them, and a consequential prayer for injunction restraining icc and general electric to proceed further with the reference, andobtained an ex parte ad-interim relief in the said suit. general electric filed ..... of the plaintiff. after trial, a learned single judge on original side of the high court, holding that the plaintiff did not enter into thealleged contract, granted the declaration sought and granted an injunction against the defendants from proceeding with the arbitration before the bengal chamber of commerce. on appeal by the defendant to a division bench, it was held ..... judge, mirzapur for a declaration that the guarantee given by united commercial bank for and on its behalf stood discharged and became ineffective and unenforceable, and for a mandatory injunction directing general electric to settle its claim relating to some transformers. general electric filed an application in the mirzapur court seeking stay of that suit under section 3 of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1997Guj177
..... plaintiff and the third defendant is also void having regard to the provisions of section 27 of the contract act. 6. in view of the delay, laches and acquiescence on the part of the plaintiff, the plaintiff is not entitled to obtain an order of injunction against the defendants. 15. mr. section b. vakil, learned counsel, on the other hand, while supporting the ..... . in the said case, the supreme court has also ruled that under section 27 of the contract act. a service covenant extended beyond the termination of the service is void. in view of this settled position of law. is it open to the plaintiff to seek injunction against the defendants, especially when defendant, no. 3 was not in the service with the plaintiff ..... legislature, it is the language of the act which determines the scope, uninfluenced by the manner in which the analogous provision comes to be construed narrowly, or otherwise modified, in order to bring the ..... to contracts, to the extent the act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors the statutory provision, unless the statute is such that it cannot be understood without the aid of the english law. when a rule of english law receives statutory recognition by the indian .....Tag this Judgment!
Court : Mumbai
Reported in : 1998(2)ALLMR239; 1998(1)BomCR171
..... as claimed by this plaintiffs. the attempts to terrorise the plaintiffs are denied. it is further stated that the plaintiffs are not entitled to any order of injunction. under section 20 of the indian electricity act, 1910, if the plaintiffs do not give access to the defendants, electricity supply can be disconnected after giving 24 hours notice in writing . disconnection of the ..... wish to exercise ownership rights over the property where the transformer is installed they would have to comply with the provisions of the land acquisition act or enter into private contract with the plaintiff. no such contract having been entered into and no other proceedings having been taken out for compulsory acquisition of the property of the plaintiffs the defendants have no ..... asphalting in road construction material. on the suit property they had an asphalting plant. this has now been shifted to turbhe-vashi, new bombay. since the plaintiffs were taking contracts from municipal corporation and other public bodies for construction of roads the mixing up of asphalt material was required to be done on a very large scale. for this purpose ..... a citizen of india can be acquired by the state by following the due procedure of law under the land acquisition act. admittedly no such proceedings have been taken out under the land acquisition act. there is also no private contract between the parties wherein the plaintiffs have sold the suit land to the defendants. if the defendants are permitted to exercise .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(3)ALD639; 2004(4)ALT122
..... learned single judge that even if the plaintiffs possession is proved, it is unlawful violating the law and the rule of assignment thereby becoming repugnant to section 23 of the indian contract act making it void conferring no right on her. the learned single judge referred to the history leading to the enactment of the andhra pradesh board of revenue standing orders, which ..... a judicial discretion and it must be governed by rule and not by human. it is apt to excerpt the following from the said judgment:'the grant of injunction is an act depending upon the discretion of the court. it is not a matter of ex debito justitiae, but one which is purely within the sound discretion of the court.............it ..... as distinguished from arbitrary discretion and from lack of discretion, sound discretion consists in an observance of the rules and considerations which have generally guided and influenced courts in granting injunctions..........such a discretion must be exercised with extreme caution and only in very clear cases............all these settled principles are to be read in sections 36, 38 and 41 of ..... 000/-. the defendants highhandedly burnt the thorny fencing laid around the suit schedule property and causing obstruction to irrigate the standing crop and, therefore, he filed the suit for permanent injunction.3. defendant no. 1 filed his written statement, which was adopted by defendants 2 to 4. they contended that the photostat copy of patta filed by the plaintiff is bogus .....Tag this Judgment!
Court : Chennai
Reported in : 42SCL726(Mad)
..... on central bank of india v. abdul mazid  ii bc 27 , wherein it was observed that in view of section 152 of the contract act, the bank cannot save itself from the loss suffered because of the negligence of the plaintiff bank and its officers and since it failed to mitigate ..... the securities detailed in the schedule.9. the plaintiff bank filed applications to grant interim injunction restraining the respondents/defendants 1 to 5 from transferring alienating the shares in the name of the 5th defendant or any other person dealing with ..... of immovable and movable properties mentioned in schedules a and b till the repayments of all the dues in full and consequently grant a prohibitory injunction restraining defendants 1 to 5 and their men from alienating, encumbering, transferring or delivering the title and/or possession, in any manner whatsoever of ..... plaintiff has got prima facie case and the balance of convenience is in their favour ? (2) whether the applicant is entitled to the relief of interim injunction against respondents 1 to 5 ? (3) whether an advocate commissioner can be appointed to take inventory of the movables more specifically mentioned in schedule b? ..... in the assets of the company. a shareholder has not got a right in the property of the company. there is nothing in the indian law to warrant the assumption that a shareholder who buys shares buys any interest in the property of the company which is a juristic person .....Tag this Judgment!
Court : Delhi
Reported in : ILR1992Delhi540
..... is contingent, incomplete or inchoate or whether it is in violation of the injunction in suit no. 405172. sectional of the indian contract act defines a contingent contract which is one to do or not to do something, if some event, collateral to such contract, does or does not happen. in this respect, it may be noted ..... there is any invalid or unlawful consideration involved in this agreement between the parties on which account it is hit by sections 23 and 24 of the indian contract act. both the issues are answered accordingly. issue no. 19(49) it is argued under this issue on behalf of the defendants that the sale ..... and under issue no. 18, it is to be seen whether the agreement is void and in violation of sections 23 and 24 of the indian contract act. the sub-mission on behalf of the defendants is that clause xiii of the agreement ex. public witness 1/1 contemplates delivery of possession prior ..... on behalf of the defendants is, that the impugned agreement dated 6-7-1977 is contrary to section 11 of the indian contract act (ic act for short) and sections 6 and 11 of the hmg act insofar as it purpoports to be signed on behalf of the minor and the lunatic and, thereforee, the same is ..... sub-mitted that this agreement purports to do that which is forbidden by law and is, thereforee, hit by sections 23 and 24 of the indian contract act. in support of this submission, it is further contended that according to the agreement, the consideration agreed to be given by the plaintiff to defendant .....Tag this Judgment!
Court : Kerala
Reported in : AIR1999Ker72
..... been raised by them during the hearing.7. before embarking on the crucial question of temporary injunction, it would be worthwhile to have a peep into the sanctity of bank guarantees in commercial transactions. section 126 of the indian contract act, 1872 defines 'contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of ..... supra(1978) 1 all er 976 the court said that the net effect of the injunction is to restrain the bank from performing the bank guarantee which cannot be done whereas the respondent could sue the appellant for damages.20. section 17 of the indian contract act defines 'fraud'. it is a comprehensive term and embraces large number of delinquencies. a person ..... his default. the contract of guarantee is a trilateral contract, that is to say three persons, surety, principal debtor and creditor are involved. generally ..... ) the supreme court said at page 2783; of air :'the grant of injunction is a discretionary power in equity jurisdiction. the contract of guarantee is a trilateral contract which the bank has undertaken to unconditionally and unequivocally abide by the terms of the contract. it is an act of trust with full faith to facilitate free flow of trade and commerce in .....Tag this Judgment!