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.
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