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    Injunction

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    Hamid Ali
    Injunction is an equitable remedy that is granted at the discretion of the court. It is a judicial order requiring a party to either perform or refrain from performing a specific act. The basic objective of an injunction is to maintain the status quo. The court may refuse to grant an injunction in several circumstances including: to stay proceedings in another court, restrain people from petitioning legislative bodies, interfere with government duties, stay criminal proceedings, prevent contract breaches that cannot be enforced, and where the plaintiff's conduct disentitles them from relief or they have no personal interest in the matter.

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    Injunction

    Uploaded by

    Hamid Ali
    168 views3 pages
    Injunction is an equitable remedy that is granted at the discretion of the court. It is a judicial order requiring a party to either perform or refrain from performing a specific act. The basic objective of an injunction is to maintain the status quo. The court may refuse to grant an injunction in several circumstances including: to stay proceedings in another court, restrain people from petitioning legislative bodies, interfere with government duties, stay criminal proceedings, prevent contract breaches that cannot be enforced, and where the plaintiff's conduct disentitles them from relief or they have no personal interest in the matter.

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    LLB Part 2 notes

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    Injunction is an equitable remedy that is granted at the discretion of the court. It is a judicial order requiring a party to either perform or refrain from performing a specific act. The basic objective of an injunction is to maintain the status quo. The court may refuse to grant an injunction in several circumstances including: to stay proceedings in another court, restrain people from petitioning legislative bodies, interfere with government duties, stay criminal proceedings, prevent contract breaches that cannot be enforced, and where the plaintiff's conduct disentitles them from relief or they have no personal interest in the matter.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    168 views3 pages

    Injunction

    Uploaded by

    Hamid Ali
    Injunction is an equitable remedy that is granted at the discretion of the court. It is a judicial order requiring a party to either perform or refrain from performing a specific act. The basic objective of an injunction is to maintain the status quo. The court may refuse to grant an injunction in several circumstances including: to stay proceedings in another court, restrain people from petitioning legislative bodies, interfere with government duties, stay criminal proceedings, prevent contract breaches that cannot be enforced, and where the plaintiff's conduct disentitles them from relief or they have no personal interest in the matter.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
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    An injunction is an equitable relief granted at the discretion of the court to compel or restrain an action. It can take prohibitory or mandatory forms. The court may refuse an injunction under various circumstances such as interference with government duties or where other relief is available.

    An injunction is a judicial order commanding or restraining an act. It will be refused in circumstances such as a stay of pending judicial proceedings, interference with government duties, or where the plaintiff's conduct disentitles them to relief.

    The two forms of injunctions are prohibitory injunctions, which restrain an act, and mandatory injunctions, which compel an act.

    Injuction

    Q. What are the cases where court may refuse the grant of an
    injunction. (1998)(2002)(2004)
    Q. What is injunction and under what circumstances it is
    refused. (2011) (2000)
    1. Introduction:
    Injunction is equitable relief. it is grated at the discretion of the court. it is a
    judicial order by which a party is required to do certain act or is restrained
    from doing some other act. so granting of an injunction is a matter of judicial
    discretion for the court.

    2. Relevant provisions:
    Sec. 56 specific relief act.

    3. Meaning:
    It is derived from a Latin word "ingoing" which means "command or order."

    4. Definition:
    Halsbury's laws of England
    "A judicial process where by a party is ordered to refrain from doing or to do a
    particular act or thing."

    Jermy
    "An injunction is a writ framed according to the circumstances of the case,
    commanding an act which the court regards essential to justice, or
    restraining an act which it esteems contrary to equity and conscience."

    5. Object:
    The basic object of granting an injunction is to maintain status quo.

    6. Forms of injunction:
    Injunctions have two forms
    (i) Prohibitory
    (ii) Mandatory

    7. Basis:

    Injunction rest on the equitable principle that he who seeks equity must do
    equity.

    8. Circumstances when injunction is refused:


    In the following circumstances injunction is refused by the court.

    I. Stay of pending judicial proceeding:


    No injunction can be granted restraining 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.

    II. Stay of proceeding pending in court not subordinate:


    No imjunction can be granted to stay proceeding in a court not subordinate to
    it.

    Case law
    2003 MLD 201
    It was held that civil court can not issue injunction to stay judicial proceeding
    or proceeding or proceeding in a superior court.

    III. Restrain persons to applying to legislative body:


    No injunction can be granted to restrain persons to applying to any legislative
    body.

    IV. Interference to public duties of Govt. departments:


    No injunction can be granted to interfere with the public duties of any
    department of the central government, or an provincial government or an
    provincial government or with the sovereign acts of a foreign government.

    V. Staty in criminal matters:


    A civil court can not grant injunction to stay proceeding in a criminal court.

    VI. Prevention of breach of contract:


    An injunction will not be issued to prevent a breach of contract which can not
    be specifically enforced.

    VII: Prevention of nuisance:


    No injunction can be granted where there is no nuisance or interference with
    rights or apprehension thereof.

    VIII: Continuing breach:


    The court may refuse to grant injunction if the plaintiff by acquiescence has
    disentitled himself to such relief.

    IX. Any other efficacious relief:


    When equally efficacious relief can certainly be obtained by another usual
    mode of proceedings except in case of breach of trust.

    X. Where plaintiff's conduct disentitles him:


    When the conduct of the plaintiff or his agents has been such as to disentitle
    him to the assistance of the court.

    XI. No interest of the plaintiff:


    No injunction can be granted plaintiff has no personal interest in the matter.

    9. Conclusion:
    To conclude I can say that injunction is an order or decree by which a party to
    an action is required to do or refrain from doing a particular thing. the right of
    an injunction governed by provisions of the specific relief act 11887. when an
    injunction order has been issued, it must be obeyed, and the only remedy for
    the aggrieved party is to come up in appeal to the superior court to have an
    order vacated. the court may refuse to grant injunction under Sec. 56 of the
    specific relief act.

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