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    Case Law 2003 MLD 201

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    Azad Sami
    The court may refuse to grant an injunction in several cases, including: 1) If the plaintiff has disentitled himself through prior agreement; 2) To stay pending judicial proceedings; 3) To stay proceedings in another court or subordinate court; 4) In criminal matters where a civil court cannot stay criminal proceedings; 5) To prevent filing of cases or enforcing contractual breaches that cannot be specifically enforced.

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    Case Law 2003 MLD 201

    Uploaded by

    Azad Sami
    62 views3 pages
    The court may refuse to grant an injunction in several cases, including: 1) If the plaintiff has disentitled himself through prior agreement; 2) To stay pending judicial proceedings; 3) To stay proceedings in another court or subordinate court; 4) In criminal matters where a civil court cannot stay criminal proceedings; 5) To prevent filing of cases or enforcing contractual breaches that cannot be specifically enforced.

    Original Title

    6. Injuction

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    The court may refuse to grant an injunction in several cases, including: 1) If the plaintiff has disentitled himself through prior agreement; 2) To stay pending judicial proceedings; 3) To stay proceedings in another court or subordinate court; 4) In criminal matters where a civil court cannot stay criminal proceedings; 5) To prevent filing of cases or enforcing contractual breaches that cannot be specifically enforced.

    Copyright:

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

    Case Law 2003 MLD 201

    Uploaded by

    Azad Sami
    The court may refuse to grant an injunction in several cases, including: 1) If the plaintiff has disentitled himself through prior agreement; 2) To stay pending judicial proceedings; 3) To stay proceedings in another court or subordinate court; 4) In criminal matters where a civil court cannot stay criminal proceedings; 5) To prevent filing of cases or enforcing contractual breaches that cannot be specifically enforced.

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    © All Rights Reserved
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    of 3

    Q 6.

    What are the cases where court may refuse to grant of an


    Injunction?
    1. Introduction
     An injunction is an equitable remedy in the shape of a court order that requires a party
    to do, or to refrain from doing different acts. A party that fails to obey the injunction of
    the court it may faces criminal or civil penalties and may have to pay damages. In some
    cases, breaches of injunctions are considered serious criminal offenses that can become
    cause of arrest and possible prison sentences. Granting of an injunction is a matter of
    judicial discretion for the court.

    2. Relevant Provision
     Section 56 Specific Relief Act deals with an injunction

    3. Definition of Injunction
     An injunction is a judicial process where a party is required to do, or not to do any
    particular act.

    4. Meaning of Injunction
     The word injunction has been derived from a Latin word “ingoing” which means to
    “Command or Order”

    5. Cases when injunction is refused


    Following are the case where court cannot grant an injunction.

    1. Continuing breach:
     The court can refuse to grant injunction if the plaintiff by agreement has
    disentitled himself to such relief

    2. Stay of pending judicial proceeding


     Under the specific relief act no injunction can be granted by the court in order to stop
    judicial proceeding pending on the court’s end.

    3. Stay of proceeding pending in court & subordinate


     No injunction can be granted in order to stop proceedings in a court and not for another
    court.

     Case law 2003 MLD 201


     It was held that civil court cannot issue an injunction to stay judicial proceedings
    or proceedings in a superior court.
    4. Stay in criminal matters
     A civil court cannot grant an injunction to stay proceeding in a criminal court.

    5. Prevention of persons to file a case


     No injunction can be granted in order to prevent the persons to file the case in
    the court against violation of their rights.

    6. Prevention of breach of contract:


     An injunction cannot be issued to prevent a breach of contract which cannot be
    specifically enforced.

    7. Prevention of nuisance:
     No injunction can be granted where there is no nuisance or interference with
    rights or apprehension thereof.

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

    9. Any other relief:


     No injunction can be granted to a person who is seeking a special relief from a
    court against the plaintiff.

    10. 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.

    11. No interest of the plaintiff:


     No injunction can be granted in special favor of plaintiff because no one has any
    personal interest in the judicial proceedings.

    6. Forms of injunction
    Following are the two forms of injunctions. Details are as under.

    1. Prohibitory
     An injunction is an order of the court which is requiring from a party to stop
    doing something (a prohibitory injunction) if a person fails to obey of an injunctio
     n order, in this case he may will be sued for contempt of court
    2. Mandatory
     An injunction is an order of the court which is requiring from a party to do
    something (a mandatory injunction). If a person fails to obey the injunction order
    in this case he may be sued for contempt of court.

    7. Kinds of injunctions
    Following are the kinds of injunctions

    1. Preliminary injunction
     It is an initial injunction by the court in order to restrain a party for
    doing something until the case has been decided

    2. Temporary injunction
     It is a temporary injunction by the court in order to restrain a party for
    doing something for a short period

    3. Permanent injunctions (perpetual)


     It is a final order by the court in order to restrain a party for doing
    something permanently

    7. 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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