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Injunction

Definition: An injunction is a specific order or command of the court


preventing a party from doing that which he is under a legal obligation
not to do or directing the performance of a particular act or thing.
Giving injunction is a discretionary power of the court.
Kinds: Classifications of injunction as follows:
1. Temporary injunction.
2. Perpetual injunction.
3. Mandatory injunction.
4. Negative injunction.
5. Ad-interim injunction or interlocutory order.
These are discussed below:1. Temporary injunction: According to section 53 of the Specific relief
Act, 1877 temporary injunction means the injunction which to continue
until a specified time or until the further order of the court. That may be
granted at any period of a suit and are regulated by the code of civil
procedure.
Temporary injunction can be granted under the provisions of Order 39,
rule 1 and 2 of the CPC.
Example: A filled a suit against B for declaration of title and recovery of
possession of immoveable property. There were some trees on the
property. A filled a petition to court for an injunction against B to restraint
him from cutting these trees.
2. Perpetual injunction: According to section 53 of the Specific relief
Act, 1877 perpetual injunction is one where the defendant is thereby
perpetually enjoined from the assertion of a right, or from the commission
of an act, which would be contrary to the rights of the plaintiff.
A perpetual injunction can only be granted by the decree made at the
hearing and upon the merits of the suit.
Perpetual injunction can be granted under the specific relief Act, 1877.
Example: A, B and are partners, the partnership being determined at will.
A threatens to do an act sending to the destruction of the partnership
property. B and C may, without seeking dissolution of the partnership, sue
for an injunction to restrain A from doing the act.

3. Mandatory injunction: According to section 55 of the specific relief


Act, 1877 mandatory injunction is one where it is necessary for the court
to prevent the breach of an obligation and also to compel performance of
the requisite acts which the court is capable of enforcing, the court in its
discretion grant an injunction to prevent the breach complained of.
Example: A builds a house with eaves projecting over Bs land. B may
sue for an injunction to pull down so much of the eaves as so project.
4. Negative injunction: Negative injunction is one which prevent a
person to perform the negative agreement. Section 57 of the specific
relief Act, 1877 prescribed that where a contract comprises an affirmative
agreement to do certain act coupled with a negative agreement not to do a
certain act, the court can grant an injunction to perform the negative
agreement.
Example: A contracts with B that he will sing only for his music
company for 12 months. After expiration of 6 months A refused to
perform for Bs company and made a contract with Cs music company.
Here, B is not entitled to a decree for specific performance of the
contract. But B is entitled to an injunction restraining A from singing for
another music company.
5. Ad-interim injunction or interlocutory order: When the court give
an injunction based on only hearing of the plaintiff without notice submit
to the defendant to stay same the subject matter of the suit, is called adinterim injunction.
In another word, before hearing of temporary injunction and giving order
in such matter which injunction granted is called ad-interim injunction.
Characteristics of an injunction: An injunction does have normally five
characteristics. These are:1. It is a judicial process.
2. The object obtained thereby is restrained or prevention.
3. The thing restrained or preventive is a wrongful act.
4. An injunction act or operated in personam and does not run with the
land.
5. An injunction will not be granted where an adequate relief by way of
damages is available.

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