Mareva Injunction: Injunction Restraining Disposal of Assets- ‘Mareva’ injunction is an injunction granted where it appears likely that the plaintiff would recover judgment against the defendant fort a certain or approximate sum and there is reason to believe that the…
Anton Piller Order Anto Piller injunction originated in the Court of Appeal in England in Anton Piller KG v Manufacturing Processes Ltd. (Anton Piller K.G. v. Mfg Processes Ltd. {1976} All ER) and are ex parte orders which permit the…
42. Injunction to perform negative agreement.- Notwithstanding anything contained in clause (e) of section 41, 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…
41. Injunction when refused An injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a…
40. Damages in lieu of, or in addition to, injunction (1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such…
39. Mandatory injunctions When, to prevent the 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…
38. Perpetual injunction when granted (1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favor, whether…
Injunctions Generally 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 case, when it is called mandatory injunction commanding…
Relief of cancellation under Sections 31 and relief of declaration under 34- Section 34 talks about cancellation relief and provides that any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument,…
DECLARATORY DECREES Declaratory Relief It is important to note that Sections 34 and 35 of the Specific Relief Act, 1963 talk about the declaratory decrees. If any person entitled to any legal character, or to any rights as to any…