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The Law Relating to Injunctions in British India

The Law Relating to Injunctions in British India


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...from the terms of the section. Again it has been observed2 that it is not easy to see the limits to which the doctrine of an implied negative might be carried. Every agreement to do a particular thing in one sense involves a negative. It involves the negative of doing that which is inconsistent with the thing you are to do. But it does not at all follow that because a person has agreed to do a particular thing, he is therefore to be restrained from doing everything else which is inconsistent with it.8 If there is a distinct negative contract in the agreement the Court may fasten upon that and separating that from the rest of the agreement may enforce specific performance of that contract. But when a plaintiff comes into Court upon an agreement which does not contain any such direct.negative clause, and when one must infer the negative from the necessity of the case the instances in which the Court has found it possible to act are very few and special. The principle, no doubt, does not depend upon whether there is an actual negative clause; but, for the grant of an Injunction, the Court must be able to say that the parties were contracting in the sense that one should not do this or the other--some specific thing upon which one can put one's finger.6 In such cases as these there is no very definite line, and the case of Lumley v. Wagner is are anomalv to be followed in cases like it, but an anomaly which it would be very dangerous to extend.1 The present tendency in England thus seems to be not to extend theprinciple of Lumley v. Wagner and to limit the doctrinein the leading ease (1) to contracts of such a nature as arethe proper subjects of equitable jurisdiction,8 and (2) in regard to implied negative terms, to refuse to raise such...


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Product Details
  • ISBN-13: 9781151503909
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 178
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1151503908
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr


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