vustudents
08-23-2012, 10:45 PM
Q. What is injunction and under what circumstances it is refused. (2011) (2000)
1. Introduction:
Injunction is equitable relief. it is grated at the discretion of the court. it is a judicial order by which a party is required to do certain act or is restrained from doing some other act. so granting of an injunction is a matter of judicial discretion for the court.
2. Relevant provisions:
Sec. 56 specific relief act.
3. Meaning:
It is derived from a Latin word "ingoing" which means "command or order."
4. Definition:
Halsbury's laws of England
"A judicial process where by a party is ordered to refrain from doing or to do a particular act or thing."
Jermy
"An injunction is a writ framed according to the circumstances of the case, commanding an act which the court regards essential to justice, or restraining an act which it esteems contrary to equity and conscience."
5. Object:
The basic object of granting an injunction is to maintain status quo.
6. Forms of injunction:
Injunctions have two forms
(i) Prohibitory
(ii) Mandatory
7. Basis:
Injunction rest on the equitable principle that he who seeks equity must do equity.
8. Circumstances when injunction is refused:
In the following circumstances injunction is refused by the court.
I. Stay of pending judicial proceeding:
No injunction can be granted restraining judicial proceeding pending at the institution of the suit in which the injunction is sought unless such restraint is necessary to prevent a multiplicity of proceedings.
II. Stay of proceeding pending in court not subordinate:
No injunction can be granted to stay proceeding in a court not subordinate to it.
Case law
2003 MLD 201
It was held that civil court can not issue injunction to stay judicial proceeding or proceeding or proceeding in a superior court.
III. Restrain persons to applying to legislative body:
No injunction can be granted to restrain persons to applying to any legislative body.
IV. Interference to public duties of Govt. departments:
No injunction can be granted to interfere with the public duties of any department of the central government, or an provincial government or an provincial government or with the sovereign acts of a foreign government.
V. Staty in criminal matters:
A civil court can not grant injunction to stay proceeding in a criminal court.
VI. Prevention of breach of contract:
An injunction will not be issued to prevent a breach of contract which can not be specifically enforced.
VII: Prevention of nuisance:
No injunction can be granted where there is no nuisance or interference with rights or apprehension thereof.
VIII: Continuing breach:
The court may refuse to grant injunction if the plaintiff by acquiescence has disentitled himself to such relief.
IX. Any other efficacious relief:
When equally efficacious relief can certainly be obtained by another usual mode of proceedings except in case of breach of trust.
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.
XI. No interest of the plaintiff:
No injunction can be granted plaintiff has no personal interest in the matter.
9. 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.
1. Introduction:
Injunction is equitable relief. it is grated at the discretion of the court. it is a judicial order by which a party is required to do certain act or is restrained from doing some other act. so granting of an injunction is a matter of judicial discretion for the court.
2. Relevant provisions:
Sec. 56 specific relief act.
3. Meaning:
It is derived from a Latin word "ingoing" which means "command or order."
4. Definition:
Halsbury's laws of England
"A judicial process where by a party is ordered to refrain from doing or to do a particular act or thing."
Jermy
"An injunction is a writ framed according to the circumstances of the case, commanding an act which the court regards essential to justice, or restraining an act which it esteems contrary to equity and conscience."
5. Object:
The basic object of granting an injunction is to maintain status quo.
6. Forms of injunction:
Injunctions have two forms
(i) Prohibitory
(ii) Mandatory
7. Basis:
Injunction rest on the equitable principle that he who seeks equity must do equity.
8. Circumstances when injunction is refused:
In the following circumstances injunction is refused by the court.
I. Stay of pending judicial proceeding:
No injunction can be granted restraining judicial proceeding pending at the institution of the suit in which the injunction is sought unless such restraint is necessary to prevent a multiplicity of proceedings.
II. Stay of proceeding pending in court not subordinate:
No injunction can be granted to stay proceeding in a court not subordinate to it.
Case law
2003 MLD 201
It was held that civil court can not issue injunction to stay judicial proceeding or proceeding or proceeding in a superior court.
III. Restrain persons to applying to legislative body:
No injunction can be granted to restrain persons to applying to any legislative body.
IV. Interference to public duties of Govt. departments:
No injunction can be granted to interfere with the public duties of any department of the central government, or an provincial government or an provincial government or with the sovereign acts of a foreign government.
V. Staty in criminal matters:
A civil court can not grant injunction to stay proceeding in a criminal court.
VI. Prevention of breach of contract:
An injunction will not be issued to prevent a breach of contract which can not be specifically enforced.
VII: Prevention of nuisance:
No injunction can be granted where there is no nuisance or interference with rights or apprehension thereof.
VIII: Continuing breach:
The court may refuse to grant injunction if the plaintiff by acquiescence has disentitled himself to such relief.
IX. Any other efficacious relief:
When equally efficacious relief can certainly be obtained by another usual mode of proceedings except in case of breach of trust.
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.
XI. No interest of the plaintiff:
No injunction can be granted plaintiff has no personal interest in the matter.
9. 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.