| Clause | Statutory requirement | Finin2min meaning | Evidence/control |
|---|
| Main rule | 42. Injunction to perform negative agreement.—Notwithstanding anything contained in clause | Test this main limb within the breach and remedies framework. Operational focus: 42. injunction to perform negative agreement.—notwithstanding anything contained in clause. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (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: | Test this (e) within the breach and remedies framework. Operational focus: of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| Provided that | the plaintiff has not failed to perform the contract so far as it is binding on him. 2* * * * * 1. Ins. by Act 18 of 2018, s. 13 (w.e.f. 1-10-2018). 2. Sections 43 and 44 rep. by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20-12-1974). 1[THE SCHEDULE [See sections 20A and 41 | Test this provided that within the breach and remedies framework. Operational focus: the plaintiff has not failed to perform the contract so far as it is binding on him. 2*. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (ha) | ] Category of projects and Infrastructure Sub-Sectors Sl. No. Category Infrastructure Sub-Sectors 1. Transport | Test this (ha) within the breach and remedies framework. Operational focus: ] category of projects and infrastructure sub-sectors sl. no. category infrastructure sub-sectors 1. transport. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | Road and bridges | Test this (a) within the breach and remedies framework. Operational focus: road and bridges. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | Ports (including Capital Dredging) | Test this (b) within the breach and remedies framework. Operational focus: ports (including capital dredging). | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | Shipyards (including a floating or land-based facility with the essential features of waterfront, turning basin, berthing and docking facility, slipways or ship lifts, and which is self-sufficient for carrying on shipbuilding/repair/breaking activities) | Test this (c) within the breach and remedies framework. Operational focus: shipyards (including a floating or land-based facility with the essential features of waterfront, turning basin, berthing and docking. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (d) | Inland Waterways | Test this (d) within the breach and remedies framework. Operational focus: inland waterways. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (e) | Airports | Test this (e) within the breach and remedies framework. Operational focus: airports. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (f) | Railway Track, tunnels, viaducts, bridges, terminal infrastructure including stations and adjoining commercial infrastructure | Test this (f) within the breach and remedies framework. Operational focus: railway track, tunnels, viaducts, bridges, terminal infrastructure including stations and adjoining commercial infrastructure. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (g) | Urban Public Transport (except rolling stock in case of urban road transport) 2. Energy | Test this (g) within the breach and remedies framework. Operational focus: urban public transport (except rolling stock in case of urban road transport) 2. energy. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | Electricity Generation | Test this (a) within the breach and remedies framework. Operational focus: electricity generation. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | Electricity Transmission | Test this (b) within the breach and remedies framework. Operational focus: electricity transmission. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | Electricity Distribution | Test this (c) within the breach and remedies framework. Operational focus: electricity distribution. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (d) | Oil pipelines | Test this (d) within the breach and remedies framework. Operational focus: oil pipelines. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (e) | Oil/Gas/Liquefied Natural Gas (LNG) storage facility(including strategic storage of crude oil) | Test this (e) within the breach and remedies framework. Operational focus: oil/gas/liquefied natural gas (lng) storage facility(including strategic storage of crude oil). | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (f) | Gas pipelines (including city gas distribution network) 3. Water and Sanitation | Test this (f) within the breach and remedies framework. Operational focus: gas pipelines (including city gas distribution network) 3. water and sanitation. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | Solid Waste Management | Test this (a) within the breach and remedies framework. Operational focus: solid waste management. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | Water supply pipelines | Test this (b) within the breach and remedies framework. Operational focus: water supply pipelines. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | Water treatment plants | Test this (c) within the breach and remedies framework. Operational focus: water treatment plants. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (d) | Sewage collection, treatment and disposal system | Test this (d) within the breach and remedies framework. Operational focus: sewage collection, treatment and disposal system. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (e) | Irrigation (dams, channels, embankments, etc.) | Test this (e) within the breach and remedies framework. Operational focus: irrigation (dams, channels, embankments, etc.). | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (f) | Storm Water Drainage System | Test this (f) within the breach and remedies framework. Operational focus: storm water drainage system. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (g) | Slurry pipelines 4. Communication | Test this (g) within the breach and remedies framework. Operational focus: slurry pipelines 4. communication. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | Telecommunication (Fixed network including optic fibre/wire/cable networks which provide broadband/internet) | Test this (a) within the breach and remedies framework. Operational focus: telecommunication (fixed network including optic fibre/wire/cable networks which provide broadband/internet). | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | Telecommunication towers | Test this (b) within the breach and remedies framework. Operational focus: telecommunication towers. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | Telecommunications and Telecom Services 1. Ins. by Act 18 of 2018, s. 14 (w.e.f. 1-10-2018). Sl. No. Category Infrastructure Sub-Sectors 5. Social and Commercial Infrastructure | Test this (c) within the breach and remedies framework. Operational focus: telecommunications and telecom services 1. ins. by act 18 of 2018, s. 14 (w.e.f. 1-10-2018). sl. no. category. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | Education Institutions (capital stock) | Test this (a) within the breach and remedies framework. Operational focus: education institutions (capital stock). | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |