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Injunctions - CPC Notes

The document discusses the nature and types of injunctions as equitable remedies in law, emphasizing their role in preventing harm and maintaining the status quo in legal disputes. It outlines the criteria for granting injunctions, including the necessity of a prima facie case, balance of convenience, and the potential for irreparable harm. Additionally, it differentiates between temporary, perpetual, and mandatory injunctions, while also addressing the relationship between injunctions and declaratory judgments.

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Salman 5558-FSL/LLB/F18
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35 views13 pages

Injunctions - CPC Notes

The document discusses the nature and types of injunctions as equitable remedies in law, emphasizing their role in preventing harm and maintaining the status quo in legal disputes. It outlines the criteria for granting injunctions, including the necessity of a prima facie case, balance of convenience, and the potential for irreparable harm. Additionally, it differentiates between temporary, perpetual, and mandatory injunctions, while also addressing the relationship between injunctions and declaratory judgments.

Uploaded by

Salman 5558-FSL/LLB/F18
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF or read online on Scribd
27. Declaratory relief and injunction. 28. Nature of relief equitable. 29. Scope of remedy. 30, Protection of repu 31, Breach of trust. 32. Rights in property-~ 33, Contractual rights 34, Types of injunction —~ and definition. An injunction is a judicia sy refrain from doing oF 10 Jo ® ‘is called a restrictive injunction. medy of an equitable nature, ting land does not rum 1. Injunction meaning remedy by which a person is ordered 10 particular act or thing. In the former case © and in the latter a mandatory injunction Itis ares and since equity acts in persona, an injunction affect idding the with the land. fic order_of the Court forb’ 8 | course An injunction is a speci commission ofa wrong threatened or the con nuance of a WFO! Tris seitled principle oF Taw Th aw_that_injunction_or of action already begun fe not on grace or on [Link] any Perse? Interim facie in the interim orders are IS: d orders are ane on te ot er pleadings and that im aoe order is necessary in er pee bee es OB hh ne existing as on The date of presenting Sich appheation or at Teast the eeeaicn et mais application out of which the proceeding is arising, It is also to take into consideration the balance ‘of convenience and inconvenience ah oe important matters, which are necessary factors for grant of interim: - a According to Hansury, Harold Greville. By the remedy of a perf ance ‘equity gained a strong foothold in the field of contract. By the remedy injneton it gained a foothotd not only in this, but in many 7 well An injunetion is an order by the court to @ party, t0 the effect that he shal! do or refrain from doing a particufar act. 3. According ay ‘l Me ee eres eS ei ust of Chancery. A writ of ry scribed as a judicial process whereby a party was 1. AIR 1972 Raj. 241. 2. AIR 2000 All279. 3. The Principles of Equity, 7th Edition, pp. $39-40. 2 rc eg ee On tiae a a LAW oF INSUNCTIONS An injunction is a matter of Judicial discretion.’ An injunction is an order of The Court 19 @ person to the effect that he shall do, or stop doing some particular act. If the injunction forbids the commission ti cpl bids th or continuance Bright? for MSLNCE, a TAjURCTION was granted to keep a culvert Tre Thom obstruction, in Trackell v. Stock.’ to pull down buildings i ae ahaa 1 jildings interfering with an easement of light. It is also possible to obtain an injunction to prevent a threatened wrong, as opposed to one already committed; it is then described as a quia timet injunction. Yet another method of classification of injunctions is as between perpetual and interlocutory injunctions. If the plaintiff succeeds in an action and establishes his right at law he will obtain a perpetual or final injunction. Where the injunction is granted not after af oF tie action but shortly after ‘ssue of the writ, in order that the acts in issue should be prevented until the i the tral determines the issue, the injunction is described as interlo In Thompos Schwab v. Costaki™ for instance, an interlocutory: injunction was _- granted 10 prevent premises in a residential area being used as a brothel. ) —~ ‘An injunction will be granted only where there is a breath threatened breach of a legal or equitable right of the plaintiff, hen his-neighbour Brownrigg in “Ashford Lodge” for sixty years but wh Abou changed the name of his house to “Ashfc Hodge” no injunction could be Counter-affidavit was filed by the plaintiff denying that he had ever authorized the defendant for collecting the Transfer Order and also denied his signature on the authority letter. Undated authority letter was taken on record 1. 2000 CLC 572; 2001 YLR 42; 2001 YLR 454; 2001 CLC 239; 2001 MLD 1209; 2002 YLR 2531; 2004 YLR 59; 2004 YLR 1161; 2004 CLC 572; 1981 SCMR 878; 2004 CLC 1340; PLD 1967 Dacca 809; 1991 SCMR 177; 1994 SCMR 826; 1994 MLD 686; 1999 MLD 1565; PLD-1981 Lah. 336; PLD 1983 SC 344; PLD 1992 Kar. 21; 1992 CLC 2540; PLD 1983 Lah. 278: 2001 CLO 1631 rel. 2005 YLR 756(a). 2006 YLR 2277. 1983 CLC 3281 NLR 1983 UC 514. 1984 CLC 440, veer CP reptert NATURE OF PROCEEDINGS __(DISCRET ION) SYNOPSIS Injunction and scope. --————————~ Discretion.--- Concurrent findings. Powers of the Court. Principles. — {i Seer ad snp 0 order of injunction is an equitable relief, and oft who Seeks such reliel in equity 1s also required to ao equity, where plaintiff “made [Link],_fot_enfitled_to-any_relit Discretion concurrently exefeised by Courts below in refusing injunction would not open to interference in revision.” Scope and effect of order of injunction having been mis-assumed by party, Meld, orders passed in exercise of discretionary jurisdiction vested in Courts based on adequate reasons so that their jurisdiction did not appear to have been exercised either fancifully or arbitrarily could not attract exercise pat revisional jurisdiction.” Exercise of discretion neither fanciful nor arbitrary revision petition against order of refusal to grant injunction dismissed.‘ Temporary injunction granted by District Judge maintained by the High Court as the District Judge had exercised discretion properly after having applied his mind to legal and factual aspects of matter’ Issue of injunction is a matter of grace and discretion.” os a PLJ 1989 Kar. 113. NLR 1989 CLI 478. 1985 CLC 1657; PLD 1970 SC 139; PLD 1973 Kar. 718 1982 CLC 556. .~ NLR 1983 CLI 341 PLD 1978 Lah. 113; PLD 1981 Lah $41 62 g a 3 g g aweypet ee \ Proper exercise of discretion, Supreme Court declined to at to interfere against of interim order in intra Court appeal. ty in the order of grant of injunction, interference declined. Both Cou refused illegalit : ts below while considering application for interim order, Serelsed their vested discretion and dispgadd it of in matter deemed fit under enteetaee of case, Nothing was poifed out that while passing orders on SPrlication, two Couns had acted af exercise oftheir jurisdiction ilegally ot with material irregularities, Pees wNet ertoncous~“Tnterference by High Cout in its, revisional Jurisdiction; would not be justitied with exercise of Courts below? Both courts below con diate oncurrently allowed application and ing inter nt, COME for the defendant had rightly argued that order, granting interim relj i jaf to the plaintiff was not justified. Concurrent orders for granting interim refief to Plaintiff passed by the courts below were set aside in circumstances /* (2siuntion was discretionary and Court was not to! grant same in every cise and it was not to be : ted. unless the Court was satisfied as to its Tear need. Discretion was to be nee in accordan; ason and fe? Sound judicial principles. Court while dealing with applicaion he epee Disevent injunction, had to Took and to assess all the circumstances obtaining in suit ip D2 and more 50, to equitable relief. Discretion vested in a Court of law which Beeneitd had to be exercised judiciously and equitably ensuring all times, that the i twain of law and justice were adequately applied and administered > Previously the rent of shops in question, which was earliewith the plaintiff was much more than the rate at which those were claimed to have been auctioned to them. Authorities in its meeting’decided in clear terms that the shops should be given on rent which, was more than the previous one. Amears of rent about the previous tengncY were also outstanding against the plaintiffs. Plaintiffs were not gafitled to any discretionary relief in * circumstances.° If electricity connection tould be had by the defendant directly to his property from the transformer by utilizéhg about 50 feet of the plaintif?’s PLD 1983 SC 693; 1998 SCMR 544. 1983 CLC 1546. 1986 MLD 174, 2008 YLR Lah. 138. 2009 YLR Kar. 1758 (b) 2009 YLR Lab. 1327 ayeepe 82 Law oF INJUNCTIONS observed that it lacked th Pecunia was, theref ity jurisdiction to hear th 1 wae therfore, competently fed! Disereton ete aoe peal pewveeiar to tatty ieee to respondent, was neither arbitrary ie jurisdiction? ferference by High Court in exercise of its revisional Appellat erica io al rae finding that discretion had not been correctly aakee Ge while granting temporary injunction in favour of pointe posed his own discretionover Trial Court and set aside coaties efit passe a Trial Court, diserétion exercised by Appellate Court = ee fancifully exercised, order of Appellate Court not open eee impugned orders did not suffer from illegality or Cateral iegularity, case for interference with discretion exercised by ourts below was not ae out, revision against grant of temporary injunction being devoid of rlaterial was dismissed in circumstances.’ Interim injunction, an equitable and discretionary relief. Injunction is not to be granted to a person who comes to Court with mala fide intention and is never to be granted in aid of injustice.” injunction during the pendency of the legal proceedings isa materrequirihg, the exercise of discretion of the Court, While exercising the discretion the court normally applies the following tests:- i) whether the plaintiff has a prima facie case (ii). whether the balance of convenience is in favour of the plaintiff; and —~ (iii) whether the plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed The decision whether or not to grant an interlocutory injunction has to be taken at a time when the exercise of the legal right asserted by the plaintiff and its alleged violation are both contested and remain uncertain tll they are established on evidence at the trial. The relief by way of interlocutory injunction is granted to mitigate the tisk of injustice to fhe plaintiff against injury by violation of his right for which he could not be Edequately compensated in” damages recoverable in the action if the Se tesco 1. PLD 1976 Lah. 1; PLD 1996 SC 292; PLD 1985 ‘SC 393; 2005 SCMR 1388 ref. 2006 CLC 173(a). 1985 CLC 2304; PLD 1970 SC 139; 1988 CLC 1479, 1988 MLD 2839. 1988 MLD 2244; 1988 M LD 2241; 1980 CLC 234; PLD 1978 Lah. 934; PLD 1970 SC 139; PLD 1983 SC 53. 2 5, 1987 CLC 222; PLD 1983 SC 385; 1979 SCMR 77; 1976 SCMR 393. 6. 1987 MLD 1359. aun (CHAPTER II—NATURE OF PROCEEDINGS (DISCRETION) 83, uncertainty were resolved in his favour at the trial. The need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. The court must weigh one need against another and determine where the “balance of convenience” lies High Court in exercise of revisional jurisdiction Jallowed petit respondent and consolidated both the suits. Validity. {Where a common subject of claim was in dispute in counter-suits, both the sults had to be ‘consolidated and decided together. Such rule was Imperative i order to avoid conflicting decisions. Trial Court ignored the rule ast Tailed to decide fe sue Ta question ‘ommitted error to stay the proceedings of respondent's suit which was rightly rectified by High Court with cogent reasons. Parties in both the suits were same and subject-matter/property was the same. No jurisdictional defect of error of law was pointed out co ao persuade Supreme Court in exercise of constitutional jurisdiction under Art. 185(3) of the Constitution, to interfere with the judgment. Leave to appeal was refused.” The relief of interlocutory mandatory injunctions are thus granted generally to-preserve or restore the stalus quo of the last non-contested status which preceded the pending Sorkroversy ul the final ering when fll relief may be granted or to compel the undoing of those acts thet have been illegelly done or the restoration of Tat Which was wrongfully taken opr the party complaining. But since the granting of such an injunction to 2 party who Tails oF would fail to establish his right atthe tril may cause great injustice or ieparable harm to the party against whom it was granted or alternatively not granting of it to a party who fails or would fail to establish his right atthe trial may cause great injustice or irreparable harm tothe party against whom it was granted or alternately not granting of it to a party whe succeeds or would succeed may équally cause great injustice or irreparable harm, Court have evolved certain guidelines. Generally stated. these ‘guidelines are.”” ‘The premature for the. Appellate Court Giscuss legal aspects of the case at the stage of the interim order in sbeSuit in which written statement was yet to be filed and issues were to be Framed by the trial Court. The three Courts had successively considesed’and dismissed application forthe interim C544. ru ibe) Kar. 514; PLD 1966 SC 708 rel. 2006 SCMR 1262(). (1990) 2 SCC 117 PLD 1985 (Azad J&K) 214.

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