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Medaboina srinivas   22 June 2017

Injunction orders

Please let me know full details regarding injunction...


Learning

 2 Replies

Arjun Kohli   22 June 2017

Injunctions are governed by the Specific Relief Act, 1963 and are a form of Preventive Relief provided by the law. They are used to prevent or compel any act deemed necessary by the Courts in a particular matter, subject to the provision of laws under Chapter VII and VIII of the Specific Relief Act, 1963.

There are 3 sorts of Injunctions, mainly.

  1. Temporary Injunction u/s 36 - Injunction ordered as an interim relief for prevention of any serious harm to the party seeking relief.
  2. Permanent Injunction u/s 36 - Injunction ordered as a permanent relief upon hearing both the sides, in the form of final decision.
  3. Mandatory Injunction u/s 39 - Necessary injunctions ordered to prevent any serious harm to any party involved.

Various factors including Balance of Convenience, Extent of injury and urgency, etc have to be figured out by the court to rightfully issue an order of injunction.

For a detailed knowledge on this subject, you can refer to the abovementioned provisions of the Specific Relief Act, 1963 as well as get a relevant book by any author of decent reputation. 

 


(Guest)

Injunction is a restraint order to do or refrain from doing a particular act.Injuctions are mainly classified into ...1.Temporary Injuctions , 2.Perpetual/permanent injunction.Temporary Injunctions are governed by the provisions of Order XXXIX Of CPC,1908 and Perpetual injunctions are governed by Specific Relief Act ,1963. To obtain Temporary Injuction Order ,the Plaintiff need to prove all the 3 prerequisites before the Court ,viz ,,,

1.Prima - facie case,

2.Irreperable loss /damage, and

3.Balance of Convenience...... 

Regards ..... Balachander Reddy Advocate, Hyd # 9959850723

 


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