John Doe orders
John Doe orders– John Doe order is an injunction sought against a person or persons whose identity is not known at the time of the issuance of the order. John Doe order has its origin in England when orders were…
Category Judiciary Notes
Mareva Injunction
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
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…
Section 42 – Injunction to perform negative agreement, SRA, 1963
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…
Section 41 – Injunction when refused, SRA, 1963
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…
Section 40 – Damages in lieu of, or in addition to, injunction, SRA, 1963
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…
Section 39 – Mandatory injunctions, SRA, 1963
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…
Section 38 – Perpetual injunction when granted, SRA, 1963
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 – Section 36, SRA, 1963
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- SRA, 1963
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,…