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TAMIL NADU NATIONAL LAW

SCHOOL

( A STATE UNIVERSITY ESTABLISHED BY ACT NO.9 OF 2012 )

Navalur Kuttapattu, Srirangam (TK), Tiruchirapalli 620009,


Tamil Nadu

PROJECT ON

INJUNCTION AS A WAY OF RELIEF

SUBMITTED TO

Prof. K. Govindarajan, M.L.,


Professor of Law

BY

S. VIJAY LESHANTH
I year B.COM.LL.B (Hons)

(Reg No.BC0150032)

ACKNOWLEDGEMENT

At the outset, I take this opportunity to thank my Professor Prof. K.

Govindarajan, M.L.,

Professor of Law from the bottom of my heart who has been of immense help

during moments of anxiety and torpidity while the project was taking its crucial

shape.

Secondly, I convey my deepest regards to the Vice Chancellor Arun Roy

and the administrative staff of TNNLS who held the project in high esteem by

providing reliable information in the form of library infrastructure and database

connections in times of need.

Thirdly, the contribution made by my parents and friends by foregoing

their precious time is unforgettable and highly solicited. Their valuable advice

and timely supervision paved the way for the successful completion of this

project.

Finally, I thank the Almighty who gave me the courage and stamina to

confront all hurdles during the making of this project. Words arent sufficient to

acknowledge the tremendous contributions of various people involved in this

project, as I know Words are Poor Comforters. I once again wholeheartedly and
earnestly thank all the people who were involved directly or indirectly during this

project making which helped me to come out with flying colours.

DECLARATION

I, S. VIJAY LESHANTH (Reg No:- BC0150032) do hereby declare that the

project entitled INJUNCTION AS WAY OF RELIEF submitted to Tamil Nadu

National law school in partial fulfilment of requirement of award of degree in

undergraduate in law is a record of original work done by me under the

supervision and guidance of Professor Prof. K. Govindarajan, M.L.,

Professor of Law, Tamil Nadu National law school and has not formed basis for

award of any degree or diploma or fellowship or any other title to any other

candidate of any university.


1. INTRODUCTION
Law is a system of rules that are enforced through social institutions to govern behavior. Laws
can be made by a collective legislature or by a single legislator, resulting in statutes, by the
executive through decrees and regulations, or by judges through binding precedent, normally in
common law jurisdictions. Private individuals can create legally binding contracts, including
arbitration agreements that may elect to accept alternative arbitration to the normal court process.
The formation of laws themselves may be influenced by a constitution, written or tacit, and the
rights encoded therein. The law shapes politics, economics, history and society in various ways
and serves as a mediator of relations between people.

A general distinction can be made between (a) civil law jurisdictions (including Catholic canon
law and socialist law), in which the legislature or other central body codifies and consolidates
their laws, and (b) common law systems, where judge-made precedent is accepted
as binding law. Historically, religious laws played a significant role even in settling of secular
matters, which is still the case in some religious communities, particularly Jewish, and some
countries, particularly Islamic. Islamic Sharia law is the world's most widely used religious law.

The adjudication of the law is generally divided into two main areas referred to as (i) Criminal
law and (ii) Civil law. Criminal law deals with conduct that is considered harmful to social
order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused
with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between
individuals or organizations. These resolutions seek to provide a legal remedy (often
monetary damages) to the winning litigant. Under civil law, the following specialties, among
others, exist: Contract law regulates everything from buying a bus ticket to trading on derivatives
markets. Property law regulates the transfer and title of personal property and real property. Trust
law applies to assets held for investment and financial security. Tort law allows claims for
compensation if a person's property is harmed. Constitutional law provides a framework for the
creation of law, the protection of human rights and the election of political
representatives. Administrative law governs what executive branch agencies may and may not
do, procedures that they must follow to do it, and judicial review when a member of the public is
harmed by an agency action. International law governs affairs between sovereign states in
activities ranging from trade to military action. To implement and enforce the law and provide
services to the public by public servants, a government's bureaucracy, military, and police are
vital. While all these organs of the state are creatures created and bound by law, an
independent legal profession and a vibrant civil society inform and support their progress.

2. FORMATION OF CONTRACT

There are five basic requirements that need to be satisfied in order to make a
contract:

An agreement between the parties (which is usually shown by the fact that one
has made an offer and the other has accepted it).

An intention to be legally bound by that agreement (often called intent to create


legal relations).

Certainty as to the terms of the agreement.

Capacity to contract.

Consideration provided by each of the parties put simply, this means that there
must be some kind of exchange between the parties. If I say I will give you my car,
and you simply agree to have it, I have voluntarily made you a promise (often called
a gratuitous promise), which you cannot enforce in law if I change my mind. If,
however, I promise to hand over my car and you promise to pay me a sum of
money in return, we have each provided consideration.

In addition, in some cases, the parties must comply with certain formalities.
Remember that, with a few exceptions, it is not necessary for a contract to be in
writing a contract is an agreement, not a piece of paper. In this part of the project
we will consider these effect of flaws in consent.
Injunction

Definition
The term Injunction has been the subject of various attempts at a definition. It has been
defined by Joyce as An order remedial, the general purpose of which is to restrain the
commission or continuance of some wrongful act of the party informed.

In Burney Injunction has been defined to be a judicial process, by which one who has invaded
or is threatening to invade the rights, legal or equitable, of another is restrained from continuing
or commencing such wrongful act.

Both of these definitions are expressive more of what is called prohibitory injunctions that
mandatory injunctions. The definition, which clearly includes both, is the one given by Lord
Halbury. According to him An injunctions is a judicial process whereby a party is ordered to
refrain from doing or to do a particular act or thing.

Injunction acts in personam. It does not run with the property. For example A, the 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 property.

An injunction may be issued for and against individuals, public bodies or even state.
Disobedience of an injunction is punishable as contempt of court.
CHARACTERISTICS OF AN INJUNCTION

There are three characteristics of an injunction:

(i) It is judicial process,


(ii) The relief obtained thereby is a restraint or prevention, and
(iii) The act prevented or restrained is wrongful.

Nelson suggests, The nature of discretion and the rules for its guidance, in the case of Indian
courts are the same as in England.

Under English law,

(1) If the injury to the plaintiffs legal rights is small; and


(2) Is one which is capable of being estimated is money; and
(3) Is one which can be adequately compensated by a small money payment; and
(4) The case is one, un which it would be oppressive to the defendant to grant an injunction,

Then damages in substitution for an injunction may be given.

In India, some of these points have been incorporated into rules of jurisdiction by being enacted
as sections of the specific relief act, 1963.

They may be stated as below:

An injunction will not be issued

(i) Where damages are the appropriate remedy,


(ii) Where injunction is not the appropriate relief,
(iii) Where the plaintiff is not entitled to an injunction on account of his conduct,
(iv) Where the contract cannot be specifically enforced,
(v) Where the injunction would operate inequitably.

KINDS OF INJUNCTION
36. Preventive relief how granted. Preventive relief is granted at the discretion
of the court by injunction, temporary or perpetual.

Injunctions are either temporary (interlocutory) or perpetual. They are defined in section 37,
specific relief, which reads

37. Temporary and perpetual injunctions. (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.

(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 right of the plaintiff.

Temporary Injunctions

The procedure for granting temporary injunction is governed by the rules laid down in order
XXXIX, rules 1 and 2, civil procedure that reads as under:

Cases in which temporary injunction may be granted

A temporary injunction may be granted in the following cases:

1. For protection of interest in property

This category will cover the following cases:

(a) That any property in dispute in a suit is in danger of being wasted, damaged or alienated
by any party to the suit, or wrongfully sold in execution of a decree, or
(b) That the defendant threatens, or intends, to remove or dispose of his property with a view
to defraud his creditors,
(c) That the defendant threatens to dispossess the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit.
The court may by order grant a temporary injunction to restraint such act, or make such other
order for purpose of the staying and preventing the wasting, damaging, alienation, sale, removal
or disposition of the property as the court thinks fit until the disposal of suits or until further
orders.

2. Injunctions to restrain repetition or continuance of breach

(1) In any suit for restraining the defendant from committing a breach of contract or the
other injury, of any kind , whether compensation is claimed in the suit or not, the plaintiff
may, at any time after the commencement of the suits, and either before or after
judgment, apply to the court for a temporary injunction to restrain the defendant from
committing the breach of contract or injury complained of, or any breach of contract or
injury of a like kind arising out of the same contract or relating to the same property or
right.
(2) The court may by order grant such injunction, on such terms as to the duration of the
injunction, keeping an account, giving security, or otherwise, as the court thinks fit.

Discretionary Relief

It should be noted that grant of injunction is discretionary with the court. Section 36 of the
specific relief act, 1936 expressly lies down that preventive relief is granted at the discretion of
the court by injunction, temporary or perpetual. Therefore, the court will grant temporary
injunction if the following conditions satisfied:

(i) The plaintiff must establish a prima facia case. He is not required to make out a clear
title but he must establish that there is a substantial question to be investigated and
that matters should be preserved in status quo until the injunction is finally disposed
of.
(ii) An irreparable injury would result if the injunction were refused and that there is no
other remedy open to the applicant by which he could protect himself from the
consequences of the apprehended injury.
(iii) The conduct of the plaintiff has not been blameworthy.
(iv) The balance of convenience requires that the injunction should be granted.

Perpetual injunctions

Section 37(2) lays down that a permanent injunction can be granted only by a decree at the
hearing and upon the merits of the suit. In the other words for obtaining a permanent injunctions,
a regular suit is required to be filed in which the right claimed by the plaintiff is examined on
merits and finally the injunctions is granted by means of the decree. A permanent injunction
therefore finally decides the rights of parties whereas a temporary injunction does not do so. A
permanent injunction forbids the defendant from asserting a right or committing an act which
would be contrary to the right of the plaintiff.

Interim Injunction when perpetual injunction is prayed for

In a suit for performance of an agreement to buy land, there was no prayer for a decree of
perpetual injunction restraining the defendant from transferring the suits land by way of sale to
some other person etc., till the disposal of suit. But he prayed for a interim injunction which was
not allowed. The court followed its own earlier ruling in which it was said. It is also a settled
principle that in suit where there is no permanent injunction sought for, in the final analysis,
ordinarily a temporary injunction cannot be granted. The principle that govern the grant of a
perpetual injunction would govern the grant of a temporary injunction also.

Disobedience or breach of injunction

Section 94(c) and rule 2-A of order 39 of the civil procedure code (Act V of 1908) provide for
the consequence of disobedience or breach of injunction. Section 94(c) provides:
In order to prevent the ends of justice from being defeated the court may, if it is so prescribed
grant a temporary injunction and in case of disobedience commits the person guilty thereof to the
civil prison and order that his property be attached and sold.

And Rule 2-A of order 39 provides:

Rule 2- A. Consequences of disobedience or breach of injunctions.(1) in the case of


disobedience of any injunction granted or other order made under Rule 1 or Rule 2 or breach of
any of the terms on which the injunction was granted or the court order made, of the court
granting the injunction or making the order, or any court to which the suit or proceedings is
transferred, may order the property of the person guilty of such disobedience or breach to be
attached, and may order such person to be detained in the civil prison for a term not exceeding
three months, unless in the meantime the court directs his release.

(2) No attachments made under this rule shall remain in force for more than one year, at the
end of which time, if the disobedience or breach continues, the property attached may be
sold and out of the proceeds, the court may award such compensation as it thinks fit to
the injured party.

INJUNCTION WHEN REFUSED:


An injunction cannot be granted:-

a) To restrain any person from prosecuting a judicial proceeding pending at the institution of
the suit in which the injunction is sought, unless such restraint is necessary to prevent a
multiplicity of proceedings.
b) To restrain any person from instituting or prosecuting any proceeding in court not
subordinate to that from which the injunction is sought.
c) To restrain any person from applying to any legislative body
d) To restrain any person from instituting or prosecuting any proceeding in a criminal
matter
e) To prevent the breach of a contract the performance of which would not be specifically
enforced
f) To prevent, on the ground of nuisance, an act of which it is not reasonably clear that it
will be a nuisance
g) To prevent a continuing breach in which the plaintiff has acquiescence.
h) When equally efficacious relief can certainly be obtained by any other usual mode of
proceeding except in case of breach of trust.