Types of injuctions under Specific Relief Act, 1963
Introduction:
My this article is about the specific relief act under which there is mention of the injunctions in the above act. The above Act is established to provide the specific relief to the person who are required to get the justice in particular complicated cases. This Specific Relief Act is applicable to whole of India except Jammu & Kashmir. The Act came into force from 1st March, 1964. The details regarding the injunctions are given in the below article.
What is meant by Injunction ?
The word injunction particularly means “A court order by which any person is required to perform, or is restrained from performing a particular act.” A writ framed according to the circumstances of the individual cases. It is an extraordinary remedy, reserved as per special circumstances, in the situation in which the temporary preservation is required. An injunction is required to be ordered by court when it is essential for justice or prohibits to follow an act that is presumed to be contrary to the current act and is not good to apply that act to that person in the current situation. An injunction is granted by the court when something forbids the threatened wrong done, something wrong which is already began, for the restoration of the status quo. There are many types of injunction. They are :
Temporary and permanent injunctions:
Temporary injunctions are those which remain in force until specified time or date upto the next hearing or other orders of the court in the similar cases. Temporary injunctions are to be ordered in accordance with the Code of Civil Procedure and not with Specific Relief Act.
Permanent injunctions:
Permanent injunctions are those which are passed by the court only after the hearing of the case. The same order is passed when relevant case is seen in the courts. It will be applicable all the time for future. There may be cases when permanent injunctions may be granted or may not be granted. They are:
Cases when they are granted:
May be granted to the plaintiff to prevent the breach of an obligation existing in the favour.Injunction is given because of the multiplicity of judicial announcements and do it to one judgment.Invasion is such that would compensate in money would not come in adequate relief.There is no standard for ascertaining the judgment, so injunction is must to be given.
Cases when they are refused:
Restrict any person from prosecuting the judicial proceeding from injunction in which it was sought.Restrict person from insulting the subordinateRestrict person from finding injunction in criminal matterRestrict any person from applying to the legislative body.Restrict the person for which he was not specially enforced to do it.Such other reasons as may be prescribed.Mandatory injunction:
This type of injunction is covered u/s 39 of the specific relief act. Now this kind of mandatory injunction will be given, the simple answer to the question is that to save the plaintiff from the damages and injuries caused by the defendant. Disclaimer :- This notes has been Hand Written by the author. Any Information or any suggestion given in the notes are only from personal opinion and do not create any liability on the part of author. The author has exclusive rights over the documents. If any one found copying it will be liable for Legal Action.
