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Essay / Types and Characteristics of Injunctions - 693
INJUNCTION - IntroductionAn injunction is an equitable remedy, it is an order made by a court under which a person must perform or cease performing a specific action. This is an extraordinary remedy that courts use in special cases where maintaining the status quo or taking specific measures is necessary to prevent injustice. An injunction is a specific order of the court prohibiting the commission of a threatened harm or the continuation of a wrongful action already begun, or in some cases, when called a mandatory injunction ordering the active restoration of the former state of things. 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 prosecuting or commencing a such unlawful act. act of informed party "Lord Halsbury is most explicit when he says: "An injunction is a legal proceeding by which a party is ordered to refrain from doing or doing a particular act or thing. "In the former case it is called restrictive injunction. and in the latter case it is called mandatory injunction. It is the discretion of the court. Here the court decides after observing that whether the rights of the applicant are violated , it balances the irreparability of the injuries and the insufficiency of the damages either restricting or requiring the performance of a specific act in order to give effect to the legal rights of the middle of paper ...... with the grant. of an injunction Whereas in civil matters, the law relating to injunction is provided for 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 The injunction acts in personam For example: - “A” the plaintiff, obtains an injunction against “B” restraining him from erecting a wall “A” sells the. property to “C”. The sale entails injunction with the property Under English law:-i) Whether the prejudice to the legal rights of the plaintiff is small ii) Whether it is capable of being valued in money iii. ) Is he likely to be adequately compensated by a small sum of money paymentiv) In which it would be oppressive to the defendant to grant an injunction. In the above cases damages were awarded in lieu of any injunction§ 36 to 42 of the SRA deals with injunction