Professional Documents
Culture Documents
Injunctions Generally
(Sections 36-37)
Define injunction.
Injunction.-
Lord Halsbury.-
Story says.-
Joyce.-
"An order remedial, the general purpose of which is to restrain the commission or
continuance of some wrongful act of the party informed."
Injunction acts in personal. It does not run with the property. For example. A, plaintiff
secures an injunction against B forbidding him to erect a wall. A sells the property to
C. The sale does carry the injunction with the property.
An injunction may be issued for and against individuals, public bodies or even the
state. Disobedience of an injunction is punishable as contempt of court.
Characteristics
1 It is a judicial process,
(1) Temporary injunctions are such as are to continue until a specified time, or until
the further order of the court and they may be granted at any stage of a suit, and are
regulated by the Code of Civil Procedure, 1908 (5 of 1908).
(2) A perpetual injunction can only be granted by the decree made at the hearing and
upon the merits of the suit, the defendant is thereby perpetually enjoined from the
assertion of a right, or from the commission of an act, which would be contrary to the
rights of the plaintiff.
Ram Kishun v. Jamuna Prasad, (1951) 6 DLR 22 (Pat): There may be an order to
preserve the property until the final hearing of the case. The object may be to
maintain status quo. So that the alleged harm is avoided, which could otherwise occur
until the case is finally disposed of by the court on merits.
Bruce v. Silvaraj, (1987) Supp SCC 161: A person filing a suit for injunction can
succeed only when he is in possession of the property. If he is not in possession of
the property, or adverse possession has not been confirmed an injunction cannot be
issued in his favour.
Kallappa and Lunda Ram v. Shivappa Aparaj, MANU/KA/0042/1995 : AIR 1995 Kant
238 (243): Where the plaintiff is in possession of the property and the possession is
not illegal and that there is no evidence that the possession before the suit has been
obtained by unfair means, injunction, without declaration can be issued.