Oct 26, 2017
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Temporary Injunction

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Temporary Injunction:

The Law relating to injunctions in India is by and large governed by the principles laid down by the Courts of Chancery in England.
In India the Charter 13th George 1 established Mayor Courts to try, hear and determine all civil suits etc., in Madras, Bombay and Calcutta and those Courts were established and Supreme Courts at Calcutta, Madras and Bombay were set up and the Supreme Courts in presidency Towns had been granting injunctions taking into consideration the principles of law laid down by the Courts of chancery of England.

An injunction is a Judicial process whereby a party is ordered to refrain from doing or to do particular act or thing.

In the former case it is called a restrictive injunction and in the later a mandatory injunction. Injunction may be either final remedy obtained by a suit or a preliminary and interlocutory relief granted while the suit is pending.

In the first case it is a decree in the second an order or writ. Whatever be its forms, decree or order, the remedy by ordinary injunction is wholly preventive, prohibitory or protective.
An injunction is a writ framed according to the circumstances of the case commanding an act which the Court regards as essential to Justice or restraining an act which it esteems contrary to equity and good conscience.

An injunction is a remedial writ which Court issues for the purpose of enforcing their equity jurisdiction. Injunction is writ commonly used by Courts of equity as incident to enforcement of its commands and decrees.

Injunction is an order of the Court granted for the purpose of restraining the doing, continuance or repetition by the person enjoined, his servants or agents of some wrongful act which constitutes an infringement of a legal or equitable right as for instance, a breach of contract.
An injunction is merely a process by which Court enforces equity. The injunction is an order of an equitable nature restraining the person to whom it is directed from performing a specified action in certain exceptional cases which will be considered hereafter requiring him to perform a specified act.

Injunctions are often classified into prohibitory or mandatory injunctions according as whether they restrain or require the performance of the act which is in question.

An injunction is a specific order of the Court forbidding the commission of a wrongful course of action already began.
Injunctions are a form of equitable relief and they have to be adjusted in aid of equity and justice to the facts of each particular case.
The object of granting an interlocutory injunction is to preserve the matter pending the trial. Even a mandatory injunction can be granted on an interlocutory application but such power should be exercised by the Court sparingly and with great care and caution.

The jurisdiction to grant preventive relief may primarily rest upon contractual
obligations between the partners the violation of which will be prevented to avoid irreparable injury and vexatious or interminable litigation.

Injunction cannot be issued in favor of a trespasser or a person who gained unlawful possession as against the true owner of the property.

An injunction is an equitable remedy and he who seeks equity must do equity. Hence a party who asks for an injunction must be able to satisfy the Court that his dealing of the matter had been fair, honest and free of any fraud or illegality and had not acted in an unfair or inequitable manner. An equitable remedy will not be granted unless
an applicant praying for the relief is fair and honest.

He who comes into equity must come with clean hands. The different provisions of the Specific Relief Act in India relating to injunctions are based on the well established. Principles of equity laid down by Chancery Courts in England.

The discretion in granting or refusing injunction must be exercised judicially and not arbitrarily. Discretion when applied to a Court of law means discretion guided by law. It must be governed by rule and not humour. It must not be arbitrary, vague or franciful but legal and regular. Where the granting of injunction or refusing it depends upon questions of fact and also conflicting evidence the relief is to be refused.

For granting temporary injunction petitioner has to establish that he has a legal right and there is invasion of such right.

An injunction is a specific order of the Court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun.

An injunction is an order of the Court to a person to the effect that he shall do, or stop doing some particular act. If the injunction forbids the commission or continuance of an act it is said to be prohibitory, whereas if it calls for a positive action to overcome some omission, it is described as mandatory.

An injunction could be of two kinds, namely, temporary and perpetual as laid down under Section 36 of the Specific Relief Act.
The interlocutory injunctions are those which continue until the hearing of the cases upon the merits, or generally until further order.

A temporary injunction, may as it very often does, consists of two stages, one granted without finally disposing of the application for injunction to operate immediately till the disposal of the said application and the other granted while finally disposing of the main application to ensure generally till the disposal of the suit. While the former is generally classed as ad interim injunction, the latter is generally called “temporary injunction”.

The perpetual injunction can only granted by the decree made at the hearing and upon the merits of the suit.

The interlocutory injunction is merely provisional in its nature, and does not conclude a right. The effect and object of the interlocutory injunction is merely to keep matters in status quo until the hearing or further order.

Neither on principle nor on authority there is any bar to the Courts granting ad interim injunction till the disposal of the application for the temporary injunction, if subsequent developments or altered circumstances warrant such grant even though it has refused to grant the same earlier on the materials then on record.

If, however, the materials on record stand as they stood when the ad interim injunction was refused earlier, a grant of ad interim injunction on such materials may not be permissible as that might amount to impermissible review of the earlier order.

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