Rajesh Kumar v. Anand Kumar & Ors. Coram: Justices Pankaj Mithal and PK Mishra Dated: 17 May 2024 Facts:The appellant/plaintiff entered into an agreement to sell with respondent no. 1 (acting as Power of Attorney holder of respondents/defendant nos. 2…
Anti Suit Injunction– (mainly in child custody cases) When a court restrains a party to a suit/ proceeding before it from instituting or prosecuting a case in another court including a foreign court, it is called anti-suit injunction. In exercising…
Temporary Mandatory Injunction, A court can grant temporary mandatory injunction (Indian Cable Co. Ltd. V. Sumitra Chakroborty 1985 Cal). When granted, it is to restore the status quo, and not to establish new state of things. (Ramchandra Tanwar v. Ram…
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…
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…