Digest on law of Injunctions

Description

Here’s a Digest on the Law of Injunctions – a concise and structured guide summarizing key principles, types, statutes, and case laws relevant to injunctions under Indian law:

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📘 DIGEST ON LAW OF INJUNCTIONS

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🔹 1. Meaning and Nature

Injunction is a judicial order restraining a person from beginning or continuing an action, or compelling performance of a particular act.

It is a discretionary equitable remedy, not a matter of right.

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🔹 2. Statutory Provisions

Statute Relevant Sections

Specific Relief Act, 1963 Sections 36 to 42
Code of Civil Procedure, 1908 Order 39 Rules 1-2 (Temporary Injunctions), Order 21 Rule 32 (Execution of decree for injunction)

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🔹 3. Types of Injunctions

A. Temporary Injunction (Interlocutory)

Granted to preserve the status quo till the final disposal of the suit.

Governed by Order 39 CPC.

Essential Conditions:

1. Prima facie case

2. Balance of convenience

3. Irreparable injury

B. Permanent (Perpetual) Injunction

Granted at the end of the trial as part of the final judgment.

Under Section 38, Specific Relief Act.

C. Mandatory Injunction

Directs a person to perform a specific act.

Section 39, Specific Relief Act.

D. Prohibitory Injunction

Prevents a person from doing an act.

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