Breach Of Contract Remedies

Summary

Anapurna can seek specific performance and injunctive relief against Sujata for breaching their contract. Under the Indian Contract Act, Section 27, agreements in restraint of trade are void, but specific performance can be sought under Section 10 of the Specific Relief Act if monetary compensation is inadequate. Anapurna may also seek an injunction to prevent Sujata from performing elsewhere, but the court may refuse if it involves continuous supervision, as per Section 41(e) of the Specific Relief Act. Landmark cases like Lumley v. Wagner and Niranjan Shankar Golikari support enforcing negative covenants. Section 42 of the Specific Relief Act allows injunctions for negative agreements, ensuring contractual obligations are honored.

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Analysis Section * of specific relief Act with case laws giving several headings and subheadings
Sure, I can help with that. Here's an analysis of Section * of the Specific Relief Act, * with relevant case laws, organized into several headings and subheadings:
Section * of the Specific Relief Act, *
Provision:
- Section *: Injunction to perform negative agreement
- This section deals with the grant of injunctions to enforce the performance of negative agreements, i.e., agreements that prevent a party from doing something.
Key Aspects of Section *:
*. Nature of Negative Covenants:
- Negative covenants are contractual obligations that prevent a party from engaging in a specific act.
- Common in employment contracts, non-compete agreements, and exclusive service contracts.
*. Grant of Injunction:
- Courts can grant injunctions to enforce negative covenants.
- The injunction prevents the breach of the negative covenant, ensuring the party adheres to their contractual obligations.
*. Limitations and Conditions:
- Injunctions must be reasonable and not cause undue hardship.
- The court must consider the balance of convenience and potential harm.
Case Laws:
*. Lumley v. Wagner (*):
- Facts: Wagner agreed to sing exclusively for Lumley but later contracted to sing elsewhere.
- Held: The court enforced the negative covenant preventing Wagner from singing for others.
- Significance: Established the principle of enforcing negative covenants in personal service contracts.
*. Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co. Ltd. (*):
- Facts: An employee agreed not to work for a competitor during and after his employment.
- Held: The Supreme Court upheld the enforceability of the negative covenant.
- Significance: Reinforced the principle in the Indian context.
*. Warner Bros. Pictures Inc. v. Nelson (*):
- Facts: Bette Davis agreed to work exclusively for Warner Bros but contracted with another studio.
- Held: The court enforced the negative covenant, preventing her from working for others.
- Significance: Highlighted the enforcement of negative covenants in the entertainment industry.