Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.
Legal Services India

» Home
Saturday, December 21, 2024

Cross Examination In Case of Injunction Suits - CPC

Posted in: Civil Laws
Mon, Jan 28, 19, 11:05, 6 Years ago
star star star star star
4 out of 5 with 3 ratings
comments: 2 - hits: 13961
Cross Examination In Case of Injunction Suits, Injunctions are governed by Sections 37, 38, 39 to Section 42 of Specific Relief Act.

Injunctions are governed by Sections 37, 38, 39 to Section 42 of Specific Relief Act. These sections are reproduced as under-

Section 37: Temporary and Perpetual Injunctions-

(1) Temporary injunctions are such as are to continue until a specifie time, or until the further order of the court, and they may be granted at any stage of a suit and are governed 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 merita of the suit; the defendant is thereby perpetually enjoined from the asaertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
 

Section 38: Perpetual Injunction is granted under the following Circumstances:

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent an existing breach of obligation in his favour, whether expressly or by implication.

(2) From contract When any such obligation arises, than rules and provisions contained in Chapter II will be followed by the court.

(3) When plaintiff's right is invaded or threatens to invaded by the defendant or enjoyment of property, the court may grant a perpetual injunction in the following cases, namely:
(a) where trustee of the plaintiff's property is the defendant,

(b) Where actual damage caused cannot be ascertained, or likely to be caused by the invasion;

(c) In Such matters where invasion is such that compensation in terms of money would not afford adequate relief;

(d) where to prevent a multiplicity of judicial proceedings injunction is necessary.
 

Section 39: Mandatory Injunctions-

When, to prevent the breach the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may grant an injunction to prevent the breach complained in its discretion and also to compel performance of the requisite acts.
 

Section 40. in addition to or Damages in lieu of, injunction-

(1) A suit for perpetual injunction in the plaintiff under section 38, or under section 39 - mandatory injunction, may claim damages either in addition to, or in substitution for, the Court may for such injunction, if it thinks fit, award such damages.

(2) unless The plaintiff has claimed such relief in his plaint, No relief for damages shall be granted under this section:

Provided in the plaint no such damages have been claimed, the Court shall, at any stage of the proceeding, allow the plaintiff to amend the plaint on such conditions as may be apt for inserting such claim.

(3) The dismissal of a suit to stop the breach of an obligation existing in favour of the plaintiff shall block his right to sue for damages for such breach.
 

Section 41, Injunction when refused:

An injunction cannot be granted-
(a) to stop any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such it is necessary for such refrain to prevent a multiplicity of proceedings.

(b) to refrain any person from instituting or prosecuting any proceeding in a Court which is not subordinate to that from which the injunction is sought;

(c) to refrain anyone from applying to any legislative body;

(d) to refrain any person from instituting or prosecuting any proceeding in a criminal matter

(e) to avoid the breach of a contract whose performance would not be specifically enforced;

(f) to prevent a nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(g) to stop a continuing breach in which the plaintiff has acquiesced;

(h) except in case of breach of trust, when equally efficacious relief can certainly be obtained by any other usual mode of proceeding;

(i) when the conduct his agent or of the plaintiff has been such as that to disentitle him to approach the Court.

(j) when there is no personal interest in the matter of the plaintiff.
 

Section 42. Injunction to perform negative agreement:

Notwithstanding anything contained in section 41(e), where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement;

Provided what is binding on the plaintiff he has not failed to perform the contract.

The provisions contained in Order 39 Rules 1 to 5, deal with grant of temporary injunction. The same are reproduced as under:
 

Order 39 Rule 1, Cases in which temporary injunction may be g ranted:-

Where by affidavit or otherwise proved in any suit;
(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 execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his execution of a decree, or property with a view to defrauding his creditor,

(c) that the plaintiff is threatened by the defendant to dispossess, or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may to restrain such act by order grant a temporary injunction, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of plaintiff or other wise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until such other further orders.
 

Order 39 Rule 2:- To restrain repetition or continuance of breach grant of Injunction -

(1) In any suit for restraining the defendant from committing a breach of contract or 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 suit, 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 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.

Also read:
Injunction and Extra Judicial Remedies under Tort Law:
An injunction is an order of a court restraining the commission, repetition or continuance of a wrongful act of the defendant.

Legal Services India

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
sinhaameeta
Member since May 9, 2018
Location: Shillong, Meghalaya
Following
User not following anyone yet.
You might also like
Present space law framework in the country. Space has heightened the curiosity of mankind for centuries. Due to the advancement in technology, there is fierce competition amongst nations for the next space war.
The scope of Section 151 CPC has been explained by the Supreme Court in the case K.K. Velusamy v. N. Palanisamy
Co-operative Societies are governed by the Central Co-operative Societies Act 1912, where there is no State Act. In West Bengal they were governed by the West Bengal Co-operative Societies Act
Registration enables an NGO to be a transparent in its operations to the Government, Donors, to its members and to its urgent community.
The ingredients of Section 18 of the Prevention of Corruption Act, 1988 are
Drafting of legal Agreements and Deeds in India
ST Land rules in India,West Bengal
The paper will discuss about the provisions related to liquidated damages. How the law has evolved. Difference between the provisions of England and India.
A privilege may not be a right, but, under the constitution of the country, I do not gather that any broad distinction is drawn between the rights and the privileges that were enjoyed and that were taken away.
It is most hurting to see that in India, the soldiers who hail from Jammu and Kashmir and who join forces either in Army or in CRPF or in BSF or in police or in any other forces against the will of majority
Pukhraj v/s State of Uttarakhand warned high caste priests very strongly against refusing to perform religious ceremonies on behalf of lower caste pilgrims. It took a very stern view of the still existing practice of exclusion of the SC/ST community in Haridwar.
This article aims to define delay in civil suits. It finds the general as well as specific causes leading to pendency of civil suits and over-burdening of courts. This articles suggests some solutions which are pragmatic as well as effective to reduce the burden of the courts and speed up the civil judicial process.
This article deals with importance, needs, highlights and provisions of the Surrogacy Bill 2016, which is passed by the lok sabha on 19th December 2018 .
Satishchandra Ratanlal Shah v Gujarat inability of a person to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction..
Dr.Ashok Khemka V/s Haryana upheld the integrity of eminent IAS officer because of his upright and impeccable credentials has emerged as an eyesore for politicians of all hues but also very rightly expunged Haryana Chief Minister ML Khattar adverse remarks in his Personal Appraisal Report
State of Rajasthan and others v. Mukesh Sharma has upheld the constitutional validity of Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006.
Gurmit Singh Bhatia Vs Kiran Kant Robinson the Supreme Court reiterated that, in a suit, the plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of the rule of law.
explicitly in a latest landmark ruling prohibited the use of loudspeakers in the territory without prior permission from the authorities.
The Commissioner of Police v/s Devender Anand held that filing of criminal complaint for settling a dispute of civil nature is abuse of process of law.
Rajasthan Vs Shiv Dayal High Court cannot dismiss a second appeal merely on the ground that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), and thus such finding becomes unassailable.
Complete Guide to Pleadings in India, get your Written statement and Plaint Drafted by highly qualified lawyers at reasonable rate.
Sushil Chandra Srivastava vs UP imposed absolute prohibition on use of DJs in the state and asked the state government to issue a toll-free number, dedicated to registering complaints against illegal use of loudspeakers. It will help control noise pollution to a very large extent if implemented in totality.
Rajasthan v/s Shri Ramesh Chandra Mundra that institutional independence, financial autonomy is integral to independence of judiciary. directing the Rajasthan Government to reconsider the two decade old proposal of the then Chief Justice of Rajasthan High Court to upgrade 16 posts of its Private Secretaries as Senior Private Secretaries
The Indian Contract act, 1872 necessities significant consideration in a few of its areas. One such area of the Indian Contract act of 1872 is where if any person finds a lost good belonging to others and takes them into his custody acts as the bailee to the owner of the good.
Government has notified 63 provisions of the Motor Vehicles Amendment Act 2019 including the ones dealing with enhanced penalties
Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira no attempt has been made yet to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations by it. Whether succession to the property of a Goan situated outside Goa in India will be governed by the Portuguese Civil Code, 1867
In a major legal setback to Pakistan, the High Court of England and Wales rejecting rightly Pakistan's frivolous claims and ruling explicitly that the VII Nizam of Hyderabad's descendants and India can collect 35 million pounds from Londons National Westminster Bank.
Power of Attorney and the Specific Relief Act, 1963
air pollution in Delhi and even adjoining regions like several districts of West UP are crossing all limits and this year even in districts adjoining Delhi like Meerut where air pollution was never felt so much as is now being felt.
Dr Syed Afzal (Dead) v/sRubina Syed Faizuddin that the Civil Courts while considering the application seeking interim mandatory injunction in long pending cases, should grant opportunity of hearing to the opposite side, interim mandatory injunctions can be granted after granting opportunity of hearing to the opposite side.
students of Banaras Hindu University's (BHU's) Sanskrit Vedvigyan Sankay (SVDVS) went on strike demanding the cancellation of the appointment of Assistant Professor Feroze Khan and transfer him to another faculty.
Odisha Development Corporation Ltd Vs. M/s Anupam Traders & Anr. the time tested maxim actus curiae neminem gravabit which in simple and straight language means that, No party should suffer due to the act of Court.
M/S Daffodills Pharmaceuticals Ltd v/s. State of U.P that no one can be inflicted with an adverse order, without being afforded a minimum opportunity of hearing. In other words, the Apex Court reiterated the supreme importance of the legal maxim and latin phrase titled Audi alteram partem
Ram Murti Yadav v/s State of Uttar Pradesh the standard or yardstick for judging the conduct of the judicial officer has necessarily to be strict, that the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function.
Judicial Officers Being Made Scapegoats And Penalized By Inconvenient Transfers And Otherwise: SC
Desh Raj v/s Balkishan that the mandatory time-line for filing written statement is not applicable to non-commercial suits. In non-commercial suits, the time-line for written statement is directory and not mandatory, the courts have the discretion to condone delay in filing of written statement in non-commercial suits.
M/S Granules India Ltd. Vs UOI State, as a litigant, cannot behave as a private litigant, and it has solemn and constitutional duty to assist the court in dispensation of justice.
To exercise one's own fundamental right to protest peacefully does not give anyone the unfettered right to block road under any circumstances thereby causing maximum inconvenience to others.
Today, you have numerous traffic laws as well as cases of traffic violations. People know about safe driving yet they end up defying the safety guidelines. It could be anything like driving while talking on the phone, hit and run incidents, or driving under the influence of alcohol.
The legal processes are uncertain. Also, there are times when justice gets denied, and the legal outcomes get delayed. Hence, nobody wants to see themselves or their loved one end up in jail.
Arun Kumar Gupta v/s Jharkhand that judicial officer's integrity must be of a higher order and even a single aberration is not permitted. The law pertaining to the vital subject of compulsory retirement of judicial officers have thus been summed up in this noteworthy judgment.
Online Contracts or Digital Agreements are contracts created and signed over the internet. Also known as e-contracts or electronic contracts, these contracts are a more convenient and faster way of creating and signing contracts for individuals, institutions and corporate.
Re: Problems And Miseries Of Migrant Labourers has asked Maharashtra to be more vigilant and make concerted effort in identifying and sending stranded migrant workers to their native places.
Gerald Lynn Bostock v/s Clayton County, Georgia that employees cannot be fired from the jobs merely because of their transgender and homosexual identity.
This article compares two cases with similar facts, yet different outcomes and examines the reasons for the same. It revolves around consideration and validation of contracts.
Odisha Vikas Parishad vs Union Of India while modifying the absolute stay on conducting the Jagannath Rath Yatra at Puri has allowed it observing the strict restrictions and regulations of the Centre and the State Government.
Soni Beniwal v/s Uttarakhand even if there is a bar on certain matters to be taken as PIL, there is always discretion available with the Court to do so in exercise of its inherent powers.
Indian Contract Act was commenced in the year 1872 and since then, several deductions and additions have happened to the same. The following piece of work discusses about the concept of offer under the Indian Contract Act, 1872
Top