WakeelSaab.in

 Hello friends, today we will discuss about the term "injunction". The meaning of this term in common language is to prevent someone from doing a particular act or in some cases to allow someone by giving permission for a particular act. There is a very basic rule which helps in determining whether we shall file a case of injunction or not. To understand this lets take a simple example. Suppose person A wants to restrict person B from selling a piece of land. Now if A comes to the court and files a suit against B, the first thing which court has to see is whether A is in possession of the land. If he is in possession, he can file a case of injunction against B, otherwise if it is found that A is not in possession then A cannot seek for injunction alone, he has to also ask for possession, then only his case will be admitted. This leads us to the basic rule which is set by the supreme court that simpliciter suit for injuction is not maintainable. It means that if you are asking...

                                                                 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. ...