Section 42 of the Specific Relief Act, 1963 – Injunction to perform negative agreement

Home › The Specific Relief Act, 1963 › Part III – Part iii

Section 42: Injunction to perform negative agreement

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: official text of The Specific Relief Act, 1963 as published on India Code (PDF). All sections of the Specific Relief Act, 1963.

Related posts:

  1. The Specific Relief Act, 1963 – All Sections
  2. The Indian Contract Act, 1872 – All Sections
  3. The Marine Insurance Act, 1963 – All Sections
  4. Comparison of Section of New Income Tax Bill Vs Old Income Tax Act