Skip to main content

LAW ON INJUNCTIONS

                                                                
INTRODUCTION 

It is judicial process where a court orders something to be done or restrain a person from doing a certain act. Such type of suits must be based on a foundational aspect meaning thereby showing to the court the circumstances in which one is seeking the relief of injunction.In other words, there shall be an existence of an obligation / duty which is very much essential to institute a suit seeking the relief of injunction. It is basically an equitable remedy and allows a person to maintain the status as on date the litigation starts. Injunctive right has to be founded on an obligation, which might be based on a common law, customary law, arising upon an agreement, etc. Therefore, before giving any relief court will ensure that the person has a right in his favor.
Law on injunctions can be utilized in different ways, some of which are discussed as herein below:-
A. Anticipatory Injunction
Such type of relief can be obtained in cases where the actual injury has not been caused by the defendant but there lies a serious apprehension by the plaintiff that he might be caused in the near future. For eg, A agrees to sell an immoveable property to B and regarding which he enters into an agreement to sell stipulating the terms of purchase and tenure of one year within which the complete payment is to be made by B. Now in compliance to the same, B has paid an advance amoount which is equal to 50 % of the total consideartin fixed between the parties. However, it has now come to knowledge of B that due to subsequent increase in prices of property, B has turned dishonset and is trying to sell the same property to a third party at a high price. In such a case, B may file a suit for injunction asking the court to restrain A frm selling the said property to any third party.
B. Forceable Dispossession 
In such type of cases, a person might come to the court and ask for relief of injunction against forceful dispossession. However, every suit for injunction must be accompanied with the corresponding right that gives the party to ask for relief in his favor.
C. Injunction from violation of personal right
In such category, a person if aggrieved by some act causing any harm to his/her reputation, might come to the court and seek for injunction.
D. Negative Covenant
In cases, where two parties enter into an agreement and there lies a negative covenant directing one party not to do a certain. Then in case that party acts in manner which results in overlooking of the said covenant, then the other party may seek relief of injunction against stoppage of the same based on the agreement.

CONCLUSION 
Every suit for injunction must be accompanied with a corresponding right which is embarks a duty upon the other party. Even otherwise, it is well settled law that simplicitier suit for injunction is not maintainable. 


Comments

Popular posts from this blog

Parental disputes or pending matrimonial and criminal matters between the natural guardians cannot constitute a valid statutory reason for refusal to issue passport says Allahabad High Court

Facts and Background The case involved a minor child aged about 2 years at the time of application whose mother applied for her passport on January 17, 2025. Despite completing all required formalities, the passport authorities kept the application pending indefinitely. The reason cited was the ongoing matrimonial dispute and criminal cases between the child's parents (the natural guardians). The authorities essentially treated these parental conflicts as a ground to withhold progress on the minor's passport application. The mother approached the Allahabad High Court via a writ petition, seeking directions for expeditious processing and issuance. Observations of the Court   Section 6 is Exhaustive and Mandatory   Section 6 of the Passports Act, 1967, provides the complete and exclusive list of grounds on which a passport authority may refuse to issue a passport or travel document.      - These grounds include matters like:       ...

MARRIAGE REGISTRATION PROCESS IN DELHI

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...

DISTRICT COURT THRISSUR, KERALA HELD AIR ASIA LIABLE FOR DEFICIENCY IN SERVICE AND UNFAIR TRADE PRACTICES

Introduction    District Consumer Disputes Redressal Commission in Thrissur, Kerala (India), held AirAsia India Limited liable for deficiency in service and unfair trade practices. Facts and Background In this matter, a passenger's flight was cancelled by the airline for operational reasons. Under applicable rules (including those from India's Directorate General of Civil Aviation or DGCA, and the Consumer Protection Act), passengers are typically entitled to a full refund in such cases, and many airlines (including low-cost carriers like AirAsia) are expected to process automatic refunds promptly without requiring manual claims in straightforward cancellations. However, AirAsia failed to issue an automatic refund for the ticket amount (which was ₹2,983). The passenger made repeated attempts to obtain the refund but faced ongoing issues and harassment, ultimately having to approach the consumer forum to recover even this small sum. This caused financial loss, inconvenience, a...