Topic > Types and characteristics of injunctions - 693

INJUNCTION - Introduction An injunction is an equitable remedy, it is an order issued by the court according to which a person must do or stop doing a certain action. This is an extraordinary remedy that courts use in special cases where maintaining the status quo or taking specific actions to prevent injustice is required. An injunction is a specific order of the court prohibiting the commission of a threatened wrong or the continuation of a wrongful course of action already begun, or in some cases, when called mandatory injunction enforcing the active restitution of the previous state of affairs . In Burney's Encyclopedia of the Laws of England it is defined as "a judicial process by which one who has invaded or threatens to invade the rights (legal or equitable) of another, is restrained from continuing or commencing such wrongful act. Act of the informed party” Lord Halsbury is very explicit when he says: “An injunction is a judicial process in which a party is ordered to refrain from doing or doing a particular act or thing.” In the first case it is called a restraining order and in the latter case is called a mandatory injunction. It is the discretion of the court. In this case the judge decides after observing that, in the event of a violation of the plaintiff's rights, the irreparability of the injuries and the inadequacy of the measures are balanced. damages. The injunction can only be exercised in cases of in personam jurisdiction and not in cases of in-rem. Injunctions are either to restrain or require the performance of a specific act in order to give effect to the legal rights of t.. .... half of the document ...... with grant of injunction. While in civil matters the law relating to injunction is provided in Chapter VII of Part III of the Specific Relief Act, 1963 u/s 36 to 42. The injunction is granted at the discretion of the court. Specific Relief Act, 1963 Injunctions in personam. Example: - 'A' the plaintiff obtains an injunction against 'B' prohibiting him from erecting a wall. “A” sells the property to “C”. The sale involves the injunction with the property. Under English law:-i) If the damage to the plaintiff's legal rights is smallii) Is such that it can be estimated in moneyiii) Is damage that can be adequately compensated for by a small sum of money paymentiv) Where it would be oppressive to the defendant grant an injunctionIn the above cases damages have been granted in lieu of any injunction§ 36 to 42 of the SRA deals with the injunction