Principles in granting or refusing temporary injunction

For granting or refusing temporary injunction, the following matter are considered by the court-

1) Existence of a prima facie case: - For temporary injunction the court will considered Prima facie case. The plaintiff has to establish a prima facie case.

Prima facie: The person who seeks an injunction must satisfy the court that there is a serious question to be tried in the suit and that, on the fact before the court, there is a probability of his being entitled for relief asked or by him. This condition is what is generally called “prima facie”.

                                                                                 

2) Irreparable loss or injury: Only establishment of prima facie case is not enough for granting an injunction. The plaintiff also must be proved that if the injunction is not given by the court it will be the cause of the irreparable loss.

3) Conduct of the applicant: For granting or refusing an injunction the court also considered the conduct of the applicant. It is said in a case “conduct may be dissent title a person to relief by way of injunction, where the applicant does not come to court with clean hands, relief may not be granted to him by way of injunction.

4) Balance of convenience: - For giving an injunction the court will considered the balance of convenience, if the relief is given by the court by the injunction then the court considered by the balance of convince, who will be the subject of losses, plaintiff or dependent.

5) Delay defects equity:- Injunction is one kind of equitable relief, the court will considered that the plaintiff come to the court in proper time or he make delay to come for the relief. If he is not able to come to court in proper time then the relief may not go to in favor of him. That is why it is said that- “Delay defect equity.”

6) Rules by the way of S. R. Act:- The plaintiff file a suit for perpetual injunction. And the nature of perpetual injunction is as like that- there given a temporary injunction is much important. And if it is not given then the merits of the perpetual injunction will be damage.

In that case the temporary injunction may be granted by the court.

7) Necessity of injunction:- the court has look to the necessity of issuing an injunction. If the court think that, in a case there an injunction is no necessary, then the court will refuse to grant an injunction.

Perpetual Injunction When Granted:

When perpetual injunction granted, it is said in Section-54 of Specific Relief Act, 1877. Which are as follows?

When such obligation arises from the contract the Court shall be guided by the rules and provisions contained in Chapter II of this Act.

a)     contracts which may specifically be enforced and

b)    contracts which cannot specifically be enforced;

When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the Court may grant a perpetual injunction in the following cases (namely):

a)     where the defendant is trustee of the property for the plaintiff;

b)    where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by invasion;

c)     where the invasion is such that pecuniary compensation would not afford adequate relief;

d)    where it is probable that pecuniary compensation cannot be got for the invasion;

e)     where the injunction is necessary to prevent a multiplicity of judicial proceedings,

Example: A lets certain lands to B and B contracts not to dig sand or gravel there out. A may sue for an injunction to restrain B from digging in violation of his contract.

When injunction refused:

 In section 56 of S.R. Act 1877 Said about injunction when refused. Which are given below-?

a)     To stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

b)    To stay proceeding in a court not subordinate to that from which the injunction is sought;

c)     To restrain persons from applying to any legislative body;

d)    To interfere with the public duties of any department of Government, or with the sovereign acts of a Foreign Government;

e)     To stay proceedings in any criminal matter;

f)      To prevent the breach of a contract the performances of which would not be specifically enforced;

g)     To prevent, on the ground of nuisance, an act ;of which it is not reasonably clear that it will be a nuisance;

h)    To prevent a continuing breach in which the applicant has acquiesced;

i)       When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

j)       When the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the court;

k)    Where the applicant has no personal interest in the matter.

e.g. - A seeks an injection to restrain his partner, B, from receiving the partnership-debuts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The court will refuse the injunction.

Section 57: Injunction t Perform Negative Agreement:

Notwithstanding section 56, clause (f), where a contract comprises an affirmative agreement to do a certain act coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the Court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: provided that the applicant has not failed to perform the contract of far as it is binding of him,

e.g. - A contracts to sell B for Taka 1000 the goodwill of certain business unconnected with business-premises, and further agrees not to carry on that business in Chittagong. B pays A Taka 1000 but A carries on the business in Chittagong. The court cannot compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in Chittagong.