INJUNCITON
Q1 Under what circumstances injunction cannot be granted. Explain with illustrations.
Q1 discuss the circumstances when the injunction is refused
Q2 Explain the factors for the grant of temporary and perpetual injunction with salient differences.
Q2 Short note on temporary injunction
Q2 Explain the salient features between temporary and permanent injunction
Q2 explain the temporary injunction and the principles for the grant of same with illustration.
Q2 What is the difference between perpetual and temporary injunction?
Q2 What is temporary and permanent injunction discuss their salient fearures
Q3 Explain perpetual injunctions and the circumstances when perpetual injunctions are granted?
Q 3short note on perpetual injunction
Q4 short note on mandatory injunction
Injunction: the term injunction literally means a restraint order. It is a formal command of the court in the form of an order directing the person/party there in to restrain from doing certain specified acts which appear to be against law and equity. Under section 52 of specific relief act, Preventive relief is granted at the discretion of the court by injunction. Such a relief is seldom granted whom in the opinion of the court the plaintiff is in a position to redress his in grievances. It is defined as a, a judicial process by which one who has invaded or is threatening to invade the rights of another is restrained from continuing or commencing such wrongful act. In other words it’s a judicial process by which a party is required to do certain acts or is restrain from doing some other acts.
The object of an injunction is to restrain the undue exercise of rights, to prevent threatened wrongs, to restore violated possession and to secure the permanent enjoyment of the rights of property. It is a remedial order, but it is preventive rather than curative. Its general purpose is to restrain the commission of some wrongful act of the party enjoined.
Condition for injunction: the court considers the exercise of discretion of injunction on basis of following points:
The court considers, the balance of hardship
Inconvenience and injury on both sides
Whether the doing of the thing sought to be restrained must produce an injury to the person seeking the injunction.
While granting the injunction the court should weigh the amount of substantial mischief done or threaten to the plaintiff and compare it with those which might be inflicted upon the defendant if granted.
Kinds of injunction: In respect of the nature of the act enjoyed, injunctions may be divided into
Mandatory
Prohibitory
As regards the of their operation, injunction may be divided into
Temporary
Permanent
Injunction when refused: There are certain defences that can be raised to a suit for injunction, section 56 of specific relief act specifies cases where injunction is refused; and even if the case does not come within any of the clauses of this section, the court may refuse if in the exercise of its discretion i.e the points of consideration. Following are the cases when an injunction cannot be granted under section 56,
Follow note:4 pg no 50
