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- In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to
What are the principles of injunction?
Some Basic Rules of Injunctions:
An injunction is an equitable remedy; The party , who seeks equitable relief, must come with clean hands.
A perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation in his favour.
Injunction is an equitable remedy.(AIR 1966 Guj.189).What is mandatory injunction under order 39?
Section 39 of The Specific Relief Act deals with the relief of Mandatory Injunction, it states as under : “When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the .
What is Section 38 of the Specific Relief Act?
"Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual possession of the suit property on the date of filing of the suit.".
What is Section 39 of the Specific Relief Act?
39.
Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or viodable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled..
What is Section 39 of the Specific Relief Act?
Section 39 of The Specific Relief Act deals with the relief of Mandatory Injunction, it states as under : “When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the .
What is the order 39 rule 1?
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- In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to
When can a temporary injunction not be granted?
The Bombay High Court recently held that a temporary injunction can be granted only if the applicant approaches the court without any suppression of material facts and reiterated that such an injunction can be granted only if a prima facie case, balance of convenience, and irreparable loss to the person seeking the .
When can injunction be granted?
The grant of an injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908& Section 37(1) of the Specific Relief Act 1963 and may be awarded at any juncture of the legal proceedings..
Some Basic Rules of Injunctions:
An injunction is an equitable remedy; The party , who seeks equitable relief, must come with clean hands.
A perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation in his favour.
Injunction is an equitable remedy.(AIR 1966 Guj.189)- Section 39 of The Specific Relief Act deals with the relief of Mandatory Injunction, it states as under : “When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the
