Injunction Refused
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 the 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, the temporary injunction can be defined as an injunction, that 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, 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 Refused
In the following cases, an injunction cannot be granted according to the Specific Relief Act
Judicial Proceeding of Suit
An injunction cannot be granted to stay a judicial proceeding, that is pending at the institution of that suit, in which is injunction is sought unless such restraint is necessary to prevent a multiplicity of proceedings.
Equally Efficacious Relief
An injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust.
Continuing Breach
An injunction cannot be granted to prevent a continuing) breach in which the applicant has silently agreed without protest.
Proceedings of Court
An injunction cannot be granted to stay proceedings in a court, which is not subordinate to that court from which the injunction is sought.
Public Duties of Any Department of Government
An injunction cannot be granted to interfere with the public duties of any department of government.
Proceedings in Any Criminal Matter
An injunction cannot be granted to stay proceedings in any criminal matter
Applying to Any Legislative Body
An injunction cannot be granted to restrain persons from applying to any legislative body.
Breach of A Contract
An injunction cannot be granted to prevent a breach of a contract especially when the performance of a contract cannot be specifically enforced
Act, Which Is Not Nuisance
An injunction cannot be granted to prevent an act on the grounds of a nuisance when it is not reasonably clear whether such an act would be a nuisance or not.
Conduct of Applicant or His/her Agents
An injunction cannot be granted when the conduct of the applicant or his/her agents has been such as to diş-entitle him/her to the assistance of the court.
Applicant's No Personal Interest in the matter
An injunction cannot be granted where the applicant has no personal interest in the matter.
Sovereign Acts of Foreign Government
An injunction cannot be granted to interfere with the sovereign acts of a Foreign Government.
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.
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