Tuesday, May 28, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

MODEL ANSWERSPECIFIC RELIEF

TEMPORARY INJUNCTION

Define “Injunction” and discuss under which circumstances a temporary injunction may be granted?

The general meaning of the term “injunction” is “to stop” or “to restrain”. According to Halsbury, an injunction is an order or decree by which a person to an action is required to refrain from doing a particular act.

An injunction is a kind of specific relief and the main aim of this is to protect the rights of an aggrieved person and to maintain the status quo. Section 37 of the Specific Relief Act, 1963, deals with the provisions of “Temporary Injunction”.

According to this section, the provisions of temporary injunction are governed by Code of Civil Procedure, 1908 and the order of temporary injunction can be passes by court at any stage of the suit. Moreover, according to this section, the order of temporary injunction is for time being and it may be revoked or altered by passing subsequent order.

The relief of temporary injunction is equitable in nature and it is a discretion of court whether to grant it or not. But it is required that court must exercise this discretionary power judiciously.

In the leading case of Ravi Singhal vs. Manali Singhal, the Hon’ble court held that the court will not grant the temporary injunction in every case. It will be granted where it is absolutely necessary.

According to Indian Legal System, if an applicant files an application in the court of law and claims the relief of temporary injunction then he has to prove that there is a prima facia case in his favour. If the applicant fails to prove prima facia case, then in such a case, the court will reject the application but if applicant proves the prima facia case, then he has to prove that balance of convenience lies in his favour.

Basically, it means that he is entitled for this relief and if court grants this relief, then no injustice will be caused to any party. Moreover, the applicant has to prove that if court will not grant temporary injunction, then huge irreparable lass will be caused to him and no monetary compensation will cover the loss that will be caused to the applicant.

If the applicant proves all these ingredients, then only the court will grant the relief of temporary injunction otherwise, the court will reject the application.

In the leading case of Cotton Corporation of India vs. United Industrial Bank Ltd., the Hon’ble court held that the court will ordinarily decline to grant temporary injunction if an applicant fails to prove that “prima facia” case lies in his favour.

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