Injunction Granted
Introduction of Injunction
One of the basic objectives of law is that there should be legal devices through which rights can be enforced and secured. For enforcing and securing rights, redress must be provided against violation of rights. Similarly, the basic objective of the Specific Relief Act is to ensure that there must be a remedy whenever there is a wrong. It reveals that the Specific Relief Act provides some remedies against violation of rights. Preventive relief is one of such remedies. Preventive relief is granted through an injunction.
Definition of Injunction
An injunction can be defined as a judicial order through which a court directs a party to do a certain act or which prohibits a party from doing some act.
Explanation of Injunction
The following points are important for the explanation of to injunction:
Equitable remedy
The injunction is considered an equitable remedy.
Object of injunction
The main object of injunction is to maintain the status quo.
Preventive relief
If specific relief is granted to prevent a party from doing that act, which he/she is under an obligation not to do such specific relief is termed as preventive relief. Preventive relief can be granted through a temporary or perpetual injunction.
Basic philosophy
The basic philosophy, that works behind the concept of injunction, is Quia Timet. And quia time means "because he fears”
Kinds of Injunction
Followings are two main kinds of injunction:
Temporary Injunction
Under the Specific Relief Act, a temporary injunction can be defined as an injunction, which is to continue till a specified or till further order of the Court.
Temporary injunctions can be granted at any period of a suit and are regulated by the Code of Civil Procedure.
Perpetual Injunction
According to the Specific Relief Act, a perpetual injunction can be defined as that injunction, which can only be granted by that decree which is made at the hearing and upon merits of the suit.
Explanation
Through perpetual injunction, the defendant is perpetually enjoined from non-assertion of a right or from non-commission of an act that can be contrary to the rights of the plaintiff
Cases In Which Injunction Can Be Granted
Granting of Temporary Injunction
According to the Civil Procedure Code, a temporary injunction can be granted in the following cases
Property in Danger
Temporary injunction can be granted in a case where any property in dispute of a suit is in danger that any party to suit can waste, damage, or alienate it or where any property in a suit is in danger that it can be being wrongfully sold in execution of a decree.
Removal or Disposal of Property
A temporary injunction can be granted in a case where the defendant threatens or intends to remove or dispose of his property to defraud his creditors.
Dispossession or Injury to Plaintiff
A temporary injunction can be granted in a case where the defendant threatens to dispossess the plaintiff or where the defendant threatens to cause injury to the plaintiff about any property in dispute in the suit.
Granting of Perpetual Injunction
Breach of Obligation
A perpetual injunction can be granted to prevent a breach of that obligation, which arises from a contract.
Illustration
Bashir rents out his land to Ahmad through a rent agreement and it is decided that Ahmad would not dig sand in his land. However, Ahmad breaches this contractual obligation and digs sand. In this case, Bashir can sue for an action to restrain Ahmad from digging.
Trustee of Property
A perpetual injunction can be granted in a case where the defendant is a trustee of the property for the plaintiff.
Illustration
Bashir is a trustee of the property for Ahmad and he threatens to breach the trust. His co-trustees, if any, should sue for an injunction to prevent this breach, and Ahmad can sue for an injunction to prevent this breach.
Actual Damage
Perpetual injunction can be granted in a case where there is no standard for ascertaining actual damage, which is caused by invasion or which is likely to be caused by invasion.
Illustration
There are directors of a public company and they are paying a dividend out of capital or borrowed money. Any of the shareholders can sue for an injunction to restrain the directors from doing such an act.
Non-availability Of Pecuniary Compensation as Adequate Relief
A perpetual injunction can be granted in a case when invasion is such that pecuniary compensation cannot afford adequate relief.
Illustration
If directors of a fire and life insurance company are about to engage in marine insurance, any of the shareholders can sue for an injunction to restrain them from doing such an act.
Non-availability Of Pecuniary Compensation
A perpetual injunction can be granted in a case where it is probable that pecuniary compensation cannot be obtained for invasion.
Illustration
If directors of a fire and life insurance company are to engage in marine insurance, any of the shareholders can sue for an injunction to restrain them from doing such an act.
Multiplicity of Judicial Proceedings.
Perpetual injunction can be granted in a case where an injunction is necessary to prevent a multiplicity of judicial proceedings.
Illustration
Some Inhabitants of a village claim a right of way over Bashir’s land. In a suit against inhabitants, Bashir obtains a declaratory decree that his land is not subject to such right. Wards, those inhabitants of the village sue Bashir for obstructing their alleged right of way over Bashir's land. In this case, Bashir requested an injunction to restrain them.
Conclusion
To conclude, it can be stated that preventive relief is granted either through temporary injunction or perpetual injunction. Both temporary and perpetual injunctions can be granted either in the form of a mandatory injunction or a prohibitory injunction.
#LegalRemedies #InjunctionGranted #SpecificReliefAct #PreventiveRelief #EquitableRemedy #TemporaryInjunction #PerpetualInjunction #CivilProcedure #LegalProtection #BreachOfContract #TrusteeDuties #PecuniaryCompensation #JudicialProceedings