City University

Assignment
On
Receiver and Injunction
Course Title : Laws Relating to Specific Relief, Public Demanded and
Registration
Course Code : LL.B 704

Submitted to:
Shibly Noman
Lecturer,
Department of Law
City University

Submitted by : Hasibul Islam Ananda

Id : 173256004
Batch : 25
Department of Law
City University
Submissions Date : 10/7/2021

A. Receiver
Abstract: This paper points to move forward our understanding of the predominance and
determinants of Receiver in both the Civil Procedure Code and Specific Relief Act with an early
reflection on the nature and part of a Receiver under our Court Framework, the interrelationship
between the obligations and liabilities of the sources in common, encourage issues secured and
incorporate the common arrangements with respect to Receiver within the courts nowadays.
Consideration is given to the definition of the category ‘Receiver', endeavours to administer the
widespread structure of Receiver in South East Asia because It is particularly pertinent for
understudies interested in the comparative civil lawful theory; the convergences of the law
practices; and the part of the law in determining or transforming the Receiver.

Keywords: Receiver, entitle, obligation of a receiver, liability of a receiver, method of

appointment.

Introduction: In civil cases, a receiver plays a vital part in helping the court. The Receiver is
considered to be an officer of the court who makes a difference in the court to ensure and protect
the subject matter of suit till the time the court decides the matter. Now and then, the court
considers, it is within the best interest of both the parties to appoint a receiver who will be
dependable for the administration of the subject matter. The subject matter is for the most part a
mobile or undaunted property. The Receiver is obligated to require care of the property fair as a
judicious man will watch out for his claim of an individual property. He ought to take after the
headings of the court or else his property can be connected by the court to recuperate the sum
which is due to him.

Methodology: The method refers to the range of techniques that are used in legal research.
Additionally, the thesis adopts a comparative method and the scope of this research encompasses
qualitative research with comparative nature. The interpretative study of the receiver is central.
The research is based on analysing the provisions and implications of the principles of a receiver
under specific relief Act and Civil Procedure Code, 1908. And assessing the suitability of the
application of Receiver in the court system of Bangladesh. Moreover, it also looks to other
sources of optional or secondary sources. Such as, books, journals and common construction of
rules in court.

Objectives of the study:

Against the background of the set articulation, the main objectives of the research paper are as
follows:
i. To look at how the courses of action and standards of Receiver connected.
ii. To recognize and compare with the different provisions relating to the receiver
iii. To see and distinguish the unwavering quality and the changeability of the performance of the
receiver
iv. To mean the result of expansion and deliberate Justification of Receiver.
v. To become mindful of the part application of different applications of Receiver.

Who may be a receiver under the civil procedure code and Specific Relief
Act?
Under order 40 of CPC and Section 44 of the Specific Relief Act, The Receiver is an
independent and impartial individual who is appointed by the court to administer/manage, that is,
to secure and protect a debated property included in a suit. For illustration, in a debate between A
and B for immovable property, in case the court considers that it is within the best interest of
both the parties that owners ought to be taken from B and given to an independent individual, the
court may designate a collector who can manage the property till the time the suit is being
chosen.2 Such a receiver appointed by the court would be capable of the maintenance of the
property. He can collect the wage gathering like a lease or any other benefits and utilize it to
preserve the property. After deducting the costs caused in maintenance from the wage gotten
from the property, the collector will have to yield the remaining income, if any, in the court. He
isn't representative of either of the parties within the activity is consistently respected as an
officer of the court working in the interest of neither plaintiff nor litigant but for the common
advantage of all the parties.

What is the reason for the arrangement of a receiver?

When a party in possession of the debated property debilitates the property or causes irreparable
harm to it, the whole question of the suit gets vanquished since the subject matter ceases to exist
or its value gets influenced. Hence, when the court is of the supposition that the property in the
debate must not go to either of the parties, the court names a receiver who is endowed with the
security and conservation of such property. It may be a shape of an interim assurance that the
court gives to the parties who make the application till the time the court adjudicates the matter.
What is the role of a receiver?
The Recipient is regarded as an officer of the court and is the expanded arm and hand of the
court. He is dependent on the duty to get debated property or cash given by the court and oversee
such property or cash till the time a decree is passed or the parties have compromised or any
other period as the court considers fit. The property or finance dependent on the receiver is
considered to be custodian legist i.e. within the care of the law.6 The Recipient has no control
other than those depending on him by the court whereas naming him. A person who is
independent, impartial, and completely unengaged ought to be designated as a receiver. Such an
individual ought to not have any stake within the debated property. By and large, parties to the
suit are not designated as a collector by the court. But in uncommon circumstances, a party to
suit can be appointed as a receiver.

When can a receiver be appointed?

The court can designate a collector at whatever point the court is of the supposition that either
party ought to not hold the property in dispute. The court can designate a collector before or after
a decree and can expel any person from the ownership or custody of the property and commit the
same property in the care or management of the receiver. Under the code itself, the receiver can
be named to avoid the closes of equity from being defeated. Additionally, for the execution of a
decree, the court has the power to appoint a receiver. There are provisions in special acts that
give for the appointment of a receiver by the court.

What are the liabilities of a receiver?

The receiver is bound in keeping down the expenses and taking care of the property in his
possession as a judicious man would observe in association with his possess property under
comparable circumstances.
According to Order 40, when a receiver fails:
1. To yield the reports as indicated by the court or,
2. To pay the sum due to him as coordinated by the court or,
3. Causes misfortune to the property due to net negligence.
4. Any other obligation which court coordinated him to do.
The court may order the attachment of property of the receiver to recuperate the loss caused due
to his wilful default or negligence. The court, after recovering all the losses from the proceeds
gotten after offering the receiver’s property, will pay the balance (in the event that any) to the
receiver.

Conclusion: the receiver plays a vital part whenever the court requires the collector to oversee
the subject matter in a suit to ensure and protect it till the time, the court orders the suit. The
recipient is an officer of the courts and the subject matter overseen by him is considered to be in
the care of the law. The court appoints a receiver when the court is of the supposition that not
one or the other of the party ought to manage the property till the time the matter is chosen. Any
individual can become a receiver given they satisfy the prerequisites set by the court. A receiver
ought to be of unbiased, free and uninterested character who has no stake within the subject
matter and can oversee the property fair as a judicious man will do with his claim property. Court
has vested certain powers and duties on the receiver which he ought to utilize to manage the
property in a perfect way the most perfect way possible. The recipient ought to use caution
whereas making a vital choice related to the subject matter as he is personal.

B. Injunction
Introduction
An injunction is an equitable remedy in the form of a court order that requires a party to do, or to
refrain from doing, certain acts. A party that fails to comply with an injunction faces criminal or
civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of
injunctions are considered serious criminal offenses that merit arrest and possible prison
sentences.
Emergency injunctions that are in effect only a short time are called temporary restraining
orders. Courts can also issue preliminary injunctions to take effect immediately and effective
until a decision is made on a permanent injunction, which can stay in effect indefinitely or until
certain conditions are met.
Every court is constituted for the purpose of administering justice among particles and there’re,
must be deemed to possess all such powers as may be necessary to do full and complete justices
to the parties before it.
It is a well settled principle of law that interim relief can always be granted in the aid of and as
ancillary to the main relief available to the party on final determination of his rights in a suit or
any other proceeding. Therefore, a court undoubtedly possesses the power to grant interim relief
during the pendency of the suit. Temporary injunctions are thus injunctions issued during the
pendency of proceedings.
Definition
An injunction is a judicial process whereby a party is required to do, or to refrain from doing,
any particular act. It is a remedy in the form of an order of the Court addressed to particular
person that either prohibits him from doing ‘or continuing to do a particular act (propitiatory
injunction); or orders him to carry out a certain act (mandatory injunction).
Object
The primary purpose of granting interim relief is the preservation of property in dispute till legal
rights and conflicting claims of the parties before the court are adjudicated. In other words, the
object of making an order regarding interim relief is to evolve a workable formula to the extent
called for by the demands of the situation, keeping in mind the pros and cons of the matter and
striking a delicate balance between two conflicting interests, i.e., injury and prejudice, likely to
be caused to the plaintiff if the relief is refused; and injury and prejudice likely to be caused to
the defendant if the relief is granted. The court in the exercise of sound judicial discretion can
grant or refuse to grant interim relief.
Types
Injunctions are of three kinds: (i) temporary; (ii) permanent and (iii) mendatory. A permanent
Injunction restrain a party forever from doing the specified act and can be granted only on merits
at the conclusion of the trial after hearing the both party to the suit. It is governed by the Sections
52 to 57 of the Specific Relief Act, 1877. A temporary or interim injunction on the other hand
restrains a party temporarily from doing the specified act and can be granted only until the
disposal of the suit or until the further order of the Court. Regulated by the provision of the
Order 39 of the Code of Civil Procedure, 1908 and may be granted at any stage of the suit.
Injunctions are also (i) preventive, prohibitive or restrictive, i.e. when they prevent, prohibit or
restrain someone from doing something; or (ii) mandatory, i.e. when they compel, command or
order some person to do something.
Perpetual Injunction
According to Section 53 of the S.R Act, a perpetual injunction can only be granted by the decree
made at the hearing and upon the merits of the suit; the defendant is hereby perpetually enjoined
from assertion of a right, or from the commission of an act which would be contrary to the rights
of the plaintiff.
Injunction is a specific relief which is of two kinds – (i) perpetual injunction which is dealt with
in ss.54 to 57 of the Specific Relief Act and (ii) temporary injunction dealt with under Or 39 of
CPC. The principles governing the grant of perpetual injunction are applicable in respect of
passing of orders of temporary injunction and if in a suit a decree of perpetual injunction
cannot be granted, no temporary injunction should ordinarily be granted under this Order in
that suit. Thus where a building contractor whose services had been terminated is not entitled
to a decree of specific performance of his contract of employment as it is one based on
personal skill, no temporary injunction can be issued in such a case.

Perpetual Injunction when granted

According to Section 54 of the S.R. Act, subject to the other provisions contained in, or referred
to by this chapter, a perpetual injunction may be granted to prevent the breach of obligation
existing in favour of the applicant, whether expressly or by implication.
When such obligation arises from contract the court shall be guided by the rules and provisions
contained in the chapter II of this Act.
i) Contracts which may specifically be enforced; and
ii) Contracts which can not specifically be enforced.
When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of,
property, the court may grant a perpetual injunctions in the following cases:-
a) Where the defendant is trustee of the property for the plaintiff.
Illustration:
a) A trustee threatens a breach of trust. His co-trustees if any should and the beneficial owner
may sue for an injunction to prevent the breach.
b) where the exists no standard for ascertaining the actual damage caused, or likely to be
caused, by the invasion;
Mandatory Injunction
According to section 55 of the S. R. Act–when, to prevent the breach of an obligation, it is
necessary to compel the performance of certain acts which the court is capable of enforcing, the
court may in its discretion grant an injunction to prevent the breach complained of, and also to
compel the performance of the requisite act.
Illustration:
A, by new buildings, obstructs lights to the access and use of which B has acquired a right under
the Limitation act, 1908. B may obtained an injunction, not only to restrain A from going on with
the buildings, but also to pull down so much of them as obstructs B’s light.
Temporary Injunction
Every court is constituted for the purpose of administering justice between the parties and
therefore, must be deemed to process all such powers as may be necessary to do full and
complete justice to the parties before it.
It is a well stated principle of law that an interim relief can always be granted in the aid of and as
ancillary to the main relief available to the party on final determination of his rights in a suit or
any other proceeding therefore, a court undoubtedly processes the power to grant interim relief
during the pendency of the suit.
Case: State of Orissa vs. Madan Gopal, AIR (1952)
An injunction is a judicial process whereby a party is required to do or to refrain from doing any
particular act.
Temporary injunction is mode of granting preventive relief by the court at its discretion. A
temporary injunction is also known as interim injunction.
Injunction in specific performance suit
Contract of sale does not create any title to the vendee and hence a transferee under a sale deed
cannot be restrained from enjoying possession of the property at the instance of a person
claiming to have a previous agreement of sale in his favour. Defendant in a suit for specific
performance may be restrained from transferring the suit property and making construction
thereon by a third party during the pendency of the suit. However, it has been held that in a suit
for specific performance an order of injunction restraining alienation is unnecessary as s.52 of
the Transfer of Property Act is an adequate safeguard.
Conclusion
Every court is constituted for the purpose of administering justice among particles and there’re,
must be deemed to possess all such powers as may be necessary to do full and complete justices
to the parties before it.
It is a well settled principle of law that interim relief can always be granted in the aid of and as
ancillary to the main relief available to the party on final determination of his rights in a suit or
any other proceeding. Therefore, a court undoubtedly possesses the power to grant interim relief
during the pendency of the suit. Injunctions are thus injunctions issued during the pendency of
proceedings.