Equity provides equitable relief
by way of injunction in the nature of preventive or mandatory relief. It may be
temporary or permanent. “Injunction is an order of the court to a party to the proceeding to do
or to refrain from doing a specify act.” Injunction is a discretionary relief. Followings are the principle
of grant of injunction.
Apprehension of damage To meet the end of
justice Defraud to the credits Section 56 of specific relief
act 1877 provides ground where the court can refused injunction as followed. The court will not grant perpetual injunction to restrain a person from
prosecuting a pending judicial proceeding. A permanent injunction cannot be
granted a proceeding pending in a superior or higher court.
The court cannot grant injunction restraining
the defendant from applying to a legislative body. An injunction cannot be granted
to interfere with the public duties of any department of the Federal Government
or any Provincial Government or with the Sovereign acts of a Foreign
Government. No injunction shall issue to
prevent the breach of a contract which the court can not specifically enforce.
Nuisance is anything wrongfully done or
permitted to be done which injures annoys a person in the enjoyment of his
legal right. No injunction shall be
granted to prevent a continuing breach in which plaintiff acquiesced. A more
acquiescence is not enough. There shall however be not continuing breach. The principle that specific performance shall
not be granted if damage is adequate remedy equally applies to the grant of
injunction.
The plaintiff must come with
clean hands and must show that his acts were fair and equitable court refuses
injunction if he does not show clean hands. The court will not grant an injunction to a
plaintiff unless he has a personal interest in the subject matter of suit
personal interest. Equity provides
equitable relief by way of injunction in the nature of preventive or mandatory
relief. It may be temporary or permanent.
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