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Injunction And Its Characteristics


Injunction is defined as:

The Term Injunction has been the subject of various attempts at a definition .It has been defined by JOYCE as "An Order Remedial, The general purpose pf which is to restrain the commission or continuance of some wrongful act of the party informed.

Burney defines Injunction to be a judicial process, by which one has invaded or is threatening to invade the rights, Legal or equitable, of another is restrained from containing or commencing such wrongful acts.

The Definition which clearly includes both prohibitory and mandatory Injunction is the one given by Lord Hassbury. According to him:
Injunction is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.

Injunction acts in personam. It does not run with the property. For example, A, the plaintiff, secures an Injunction against B forbidding him to erect a wall. A sells the property to C . The sale does carry the injunction with the property .

An injunction may be issued for and against individuals, public bodies or even state Disobedience of an injunction is punishable as contempt of court .

Section(36-42) lays down the definition of injunction where a party is in breach of a negative term of a contract, the court may, by issuing an order, restrain him from doing what the court is known as an injunction

There are 3 Characteristics of an Injunction:

  1. It is a judicial process.
  2. The relief, obtained thereby is a restraint or prevention, and
  3. The act prevented or restrained is wrongfully.

An Injunction will not be issued:

  1. Where damages are the appropriate remedy.
  2. Where injunction is not the appropriate relief.
  3. Where the plaintiff is not entitled to an Injunction on account of his conduct.
  4. Where the contract cannot be specifically enforced.
  5. Where the injunction would operate inequitably.

An Injunction is equitable remedy in the form of court order that requires a party to do or to refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases,breaches of injunction are considered serious criminal offenses that merit arrest and possible prison sentences.

An injunction is a judicial process whereby a party is required to do,or to refrain from doing any particular act. It is a remedy in the form of an order of the court addressed to a particular person that either prohibits him from doing or continuing to do a particular act (prohibitory injunction) or orders him to carry out a certain act(mandatory injunction)

The underlying object of granting temporary Injunction is to maintain and preserve status quo at the time of institution of the proceedings and to prevent any change in it until the final determination of the suit. It is in the nature of protective relief granted in the favour of the party to prevent future possible injury.

When can an injunction be granted by the court:
An injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour whether expressly or by implication when any such obligation arises from a contract, the court shall be guided by the rules and provisions relating to specific performance of contract.

When the defendant invades or threatens to invade the plaintiff's right to or enjoyment of property, the court may grant perpetual injunction in the following cases:

  1. Where defendant is trustee of the property for the plaintiff.
  2. Where their exists no standard for ascertaining the actual damage caused or likely to be caused by the Injunction.
  3. Where the invasion is such that compensation in money could not afford adequate relief.
  4. Where the injunction is necessary to prevent a multiplicity of judicial proceedings.
Example: A leads certain land to B and B contracts not to dig or grave. There out A may sue for an Injunction to restrain B from digging.

Requirements for applicability

The conditions prerequisite of this sections are:

  1. There must be a legal right express or implied in favour of the applicant.
    Ref case law: Basanti paikaray V/s Prananath paikarays (AIR 2016 NOC 555(ORI))
  2. Such a right must be voilated or there should be a threatened invasion.
    Ref case law: Prakasho devi V/s Tarsem lal, (AIR 2003, P&H245)
  3. Such a right should be an existing one.
  4. It should not fall within the sphere of the restraining provisions contained in,or referred to, in section 41 of the specific relief act.
  5. The case should be fir for the exercise of court's discretion.
    Ref case law: Gur V/s Bhag, 96 PR 1911:11IC213.
Where the inconvenience likely to result from granting injunction is greater than that which is likely to arise from withholding it,the injunction should not be granted,
Ref case law: Raja maheswar dayal seth V/s Yuvraj dutt singh, 1945 SCC on line Oudh 34 : AIR 1946 Oudh 42

Injunction when refused by the court:

An injunction cannot be granted:

  1. To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings.
  2. To restrain any person from instituting or prosecuting any proceeding in court not subordinate to that from which the injunction is sought.
    Ref case law: SBI V/s Madhumita construction private limited. (AIR,2003 CAL7
    The expression �court� does not include delats recovery tribunal either for purpose of appeal or revision
  3. To restrain any person from applying to any legislative body.
  4. To restrain any person from instituting or prosecuting any proceeding in criminal matter
    Ref case Law: Sangram singh V/s State of U.P, AIR 2010 AII 65
  5. To prevent the breach of a contract the performance of which would not be specially enforced.
  6. To prevent on the ground of nuisance,an act which is not resonably clear that it will be a nuisance.
  7. To prevent a continuing breach in which the plaintiff has acquiescence.
  8. When equaaly efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust.
    Ref case Law: R.Ramani V/s Shanthi damodaran, AIR 2011,MADRAS60
  9. When the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court.
  10. When the plaintiff has no personal interest in the following matter.

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