The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 12 1915

The Plaintiff sued on a. deed of sale executed in his favour by the heir of one K. By the deed the heir purported to transfer certain lands which passed to him after K's death as also all the rights incidental to the ownership of the land. [...] In appeal the decree was reversed on the ground that the pecuniary value of the suit was beyond the jurisdiction of the Munsif. [...] In the course of the judgment of the Court the Master of the Rolls said The validity or invalidity of covenants in restraint of trade is not regulated by statute. [...] In the Nordenfelt case [(1894) A. C. 5351 Lord Macnaghten said :-- " It is a sufficient justification and indeed it is the only justification if the restriction is reasonable--reasonable that is in reference to the interests of the parties concerned and reasoable in reference to the interests of the public so frained and so guarded as to afford adequate protection to the party in whose fa [...] In the language of Lord Moulton the restritions which the covenant imposes upon the freedom of action of the servant after he has left the service of the master are greater than are reasonably necessary for the protection of the master in his business." At the date of the agreement he had been for 10 years in the employment of the Company.