Trace Your Case

ISSUE:

Whether the 1994 agreement superseded the existing 1993 agreement?

Whether the 1993 agreement was in restraint of trade under section 27 of the Indian Contract Act, 1872?

RULE:

Section 42 Specific Relief Act, 1963- 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, in such a case, if the court is unable to compel specific performance of the affirmative agreement, it will not prevent it from granting an injunction to perform the negative agreement.

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