What is mandatory injunction under Specific Relief Act?
Section 39 of the Specific Relief Act, 1963 with the head ‘Mandatory injunctions’ reads as, “When to prevent breach of an obligation it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of.
What is the difference between permanent and mandatory injunction?
A mandatory injunction is an order that requires the defendant to act positively. A permanent injunction is permanent relief granted after a final adjudication of the parties’ legal rights. Such final relief can be prohibitive or mandatory in nature.
How many types of injunction are there in India?
two
Under India Legal System, the law relating to injunction has been provided in the Specific Relief Act, 1963. Injunction is categorized in two form i.e. Permanent Injunction and Temporary Injunction.
What is interlocutory mandatory injunction?
It is to prevent a litigant who necessarily suffers the law’s delay. This injunction is granted prior to the full hearing of the dispute between the parties. The primary function of an interlocutory injunction is to preserve the status quo existing between the parties to an action until the outcome of the main hearing.
What is preliminary mandatory injunction?
Preliminary injunction defined; who may grant. (a) A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party to an administrative case or any third person to refrain from a particular act or acts.
What are the 3 types of injunctions?
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.
What is Section 42 Specific Relief Act?
Discretion of court as to declaration of status or right: According to section 42 of the S.R Act any person entitled to any legal character, or to any rights as to any property may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its …
What is injunction law?
An injunction is a remedy granted by the court that prohibits the commission of a wrong threatened or the continuance of a wrongful course of action already begun. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.
What are the different types of injunction?
The following are the different types of the injunction:
- Preliminary injunction.
- Preventive Injunction.
- Mandatory injunction.
- Temporary restraining order.
- Permanent injunction.
What is the purpose of a mandatory injunction?
Injunction is an equitable relief and it is a settled law that equity acts in personam, therefore, injunction is a personal matter. The purpose of mandatory injunction is to restore a wrongful state of things to their former rightful order.
How are permanent injunctions granted in Indian law?
Permanent Injunction A permanent injunction can be granted by the court by passing a decree made at the hearing and upon the merits of the suit. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
Can a court grant an injunction to not do something?
The court can grant an injunction to not do certain acts, which are prohibited by the contract to do. The court may do so even if it is unable to compel the performance of the affirmative terms of the contract, i.e. the terms that requires the defendant to do (perform) certain acts.
What is the law of temporary, perpetual and mandatory injunction?
It is basic principle of our law that if there is a right there should be a remedy. An injunction is a Judicial Remedy prohibiting persons from doing a specified act called a restrictive injunction or commanding them to undo some wrong or injury called a mandatory injunction and may be either temporary, interim or interlocutory or permanent. 2.
