INJUNCTION - Introduction
An Injunction is an equitable remedy, it is an order given by court under which a person has to do or cease doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking specific action is required in order to prevent injustice.
An injunction is a specific order of the court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some cases, when it is called mandatory injunction commanding active restitution of the former state of things.
In Burney’s Encyclopedia of Laws of England it is defined as “a judicial process by which one, who has invaded or is threatening to invade the rights (legal or equitable) of another, is restrained form continuing or commencing such wrongful act.”
Joyce defines injunction as “ An order remedial, the general purpose of which is to restrain the commission or continuance of some wrongful act of the party informed”
Lord Halsbury is most explicit when he says: “An injunction is a judicial process where by a party is ordered to refrain from doing or to do a particular act or thing.”In former case it is called restrictive injunction and in the latter case it is called mandatory injunction.
It is the discretionary power of the court. Here the court decides after observing that whether the plaintiff’s right are being violated, it balances the irreparability of injuries and inadequacy of damages.
Injunction can be availed only in cases of in-personam jurisdiction and not in the case of in-rem.
Injunctions are either restraining or requiring performance of a specific act in order to give effect to the legal rights of t...
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...ith grant of injunction. Whereas in civil matters the law relating to injunction is provided in Chpt VII of part III of the Specific Relief Act,1963 u/s 36 to 42. The injuction is granted at the discretion of the court.
Specific Relief Act,1963
Injunction acts in personam. E.g.:- ‘A’ the plaintiff, secures an injunction against ‘B’ forbidding him to erect a wall. ‘A’ sells the property to ‘C’. The sale does carry the injunction with the property.
Under England Law :-
i) If the injury to the plaintiff’s legal rights is small
ii) Is one which is capable of being estimated in money
iii) Is one which can be adequately compensated by a small money payment
iv) In which it would be oppressive to the defendant to grant an injunction
Under the above cases the damages were given in substitution for any injunction
§ 36 to 42 of the SRA deals with Injunction
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other c...
3. Assuming that she was, a question whether the respective defendants, any, all, or who of them, were proper subjects for the injunction prayed, as holding the bonds without sufficient title, and herein -- and more particularly as respected Hardenberg, and Birch, Murray & Co. -- a question of negotiable paper, and the extent to which holders, asserting themselves holders bona fide and for value, of paper payable "to bearer," held it discharged of precedent equities.
That court also rejected a collateral attack, 125 Ill. 2d 117, 125 Ill.Dec. 770, 530 N.E.2d 1340
-Court must be convinced that failure to comply with an agreement will lead to one of the parties to suffer prejudice. Court will protect innocent party, will provide remedy
Before this Court may address whether a preliminary injunction is warranted, it must first address the NFL's argument that the Norris-LaGuardia Act precludes any injunctive relief here, as well as its argument that the Court should defer this matter, or at least a portion of it, to the National Labor Relations Board under the doctrine of primary jurisdiction— issues that the NFL contends are jurisdictional. (Id. at 9-10, 36 (Mem. at 1-2, 28) (characterizing these two issues as "jurisdictional").
Individual must not be seeking an order of nondisclosure for one of the following offenses:
to accept, to offer help or to decline it; the right of son to court and daughter to be courted; the
The term justice is used in some of America's most treasured and valued documents, from the Pledge of Allegiance, to the Constitution, and the Declaration of Independence. Everyone wants to be treated justly whether it's in the courtroom or the local bar. Most people would feel confident giving a definition for justice, but would it be a definition we could universally agree to? Given that justice is a very common term, and something we all want, it's important to have a precise definition. For hundreds of years philosophers have argued, debated, and fought over this topic. Justice can clearly be defined as the intention to conform to truth and fairness. This is true justice.
What are the necessary requirements of the doctrine of proprietary estoppel and discuss whether the notion of unconscionability alone lead to a successful remedy. Furthermore, examine how constructive trusts and proprietary estoppel allow the courts to stray from relevant statutory provisions and empowers judiciary to have more discretion where equitable remedies are queried.
Answer 3. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitution measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights, (2) Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (3) Declaratory judgment - the court determines individual rights in a specific situation without awarding damages or ordering particular action. Monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
Lord Selborne in the case of Wilson v Northampton and Banbury Junction Rly Co[ (1874) 9 Ch App 279.] had outlined the purpose of specific performance. His Lordship stated that specific performance will only be granted when it can by that means do more perfect and complete justice. The purpose of granting specific performance is to ensure that justice can be uphold as perfect as it could be. However, the specific performance will only be granted when there is inadequate and insufficient remedy of damages to any case of breach of
Impartiality means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases.
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