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 multiplicity of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.
a) To restrain any person from prosecuting a judicial proceeding in which the injunction is sought.
Example: B is filing or continuing an injunction suit against A. If A files an injunction suit to restrain B from filing or continuing such injunction suit then no injunction shall be granted to prevent B from doing so.
b) To restrain any person from prosecuting a judicial proceeding in superior court in which the injunction is sought.
Example 1: B is filing or continuing an injunction suit against A in a High Court. If A files an injunction suit in the District Court to retrain B from filing or continuing such injunction suit in the High Court then no injunction shall be granted to
prevent B from doing so.
Example 2: B is filing or continuing an injunction suit against A in the District Court. If a files an injunction suit in the High Court to restrain B from filing or continuing such injunction suit in the District Court then such injunction may be granted to prevent B from doing so.
c) To restrain any person from applying to any legislative body
It is important to mention that every person has a right to approach a legislative body and it is a matter of public policy that no person should be restrained from applying to any legislative body, if he so likes. Therefore, an injunction cannot be granted to restrain any person from applying to any legislative body.
d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter.
Significantly, this Act is applicable to civil cases and not to criminal cases. Therefore, no injunction can be sought to prevent a person from filing and continuing a criminal case.
Example: B is filing or continuing a criminal suit against A. If A files an injunction suit to restrain B from filing or continuing such criminal suit then no injunction shall be granted to prevent B from doing so.
e) To prevent the breach of a contract the performance of which would not be specifically enforced.
Another situation where no injunction can be granted is to prevent the breach of a contract the performance of which would not be specifically enforced. That means injunction can be granted is to prevent the breach of a contract the performance of which can be specifically enforced. It is important to mention Section-42 here.
Injunction to perform negative agreement [Section 42]: Notwithstanding anything contained in Section 41(e), 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 circumstances 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 plaintiff has not failed to perform the contract so far as it is binding on him.
Therefore, Section 42 provides that where a contract consists of two agreements, one, a positive agreement to do a certain act and second, a negative agreement not to do a certain act, whether expressly or impliedly, and then the positive part is not capable of specific performance but the negative part can be specifically enforced. Hence, the Court can enforce the negative party of the agreement by means of an injunction, provided
that the plaintiff performs his part of the contract. Significantly, Section 42 corresponds with Section 57 of the earlier Specific Relief Act, 1877.
Example 1: A contracts to sell a hundred mounds of rice to B. B brings a suit to compel A to perform the contract or to pay compensation. The court is of opinion that A has made a valid contract and has broken it, without excuse, to the injury of B but that specific performance is not the proper remedy. It shall award to B such compensation as it deems just.
Example 2: A contracts with B to sell him a house for Rs. 1000/-, the price to be paid and the possession given on the 1″ January, 2010. A fails to perform his part of the contract, and B brings his suit for specific performance and compensation, which is decided in his favour on the 1st, January, 2011. The decree may besides ordering specific performance, award to B compensation for any loss which he was sustained by A’s refusal.
Example 3: A, a purchaser, sues B, his vendor, for specific performance of a contract for the sale of a patent. Before the hearing of the suit the patent expires. The court may award compensation to A for the non-performance of the contract by B and may, if necessary, amend the plaint for that purpose.
Example 4: A sues for the specific performance a resolution passed by the Directors of a public company, under which he was entitled to have a certain number of shares allotted to him, and for compensation for the non-performance of the resolution. All the states had been allotted before the institution of the suit. The Court may, under this Section, award a compensation for the non-performance.
f) To prevent on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance.
g) To prevent a continuing breach in which the plaintiff has acquiesced: – Where plaintiff has assented to the continuous breach of an obligation he cannot be allowed to complain about the same and to obtain an injunction to restrain the defendant. Because a person who comes to the court must come with clean hands and he cannot take benefit
of his own mistake.
Example 1: B, a washer man start using a plot for ironing the cloths. A, the owner, knowingly remained silent and raised no objection for one year and allows him to continue. Now A cannot obtain an injunction to prevent B from using his plot.
Example 2: If A’s right of way is obstructed by B and he knowingly raises no objection to the same for seven years and allows the obstruction to continue. In this case B will be deemed to have acquiesced in the obstruction affecting A’s right of way and he cannot obtain an injunction to prevent that obstruction.
h) When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust: –
Significantly injunction is granted in those cases where specific relief is possible. However, where equally efficacious relief is possible then generally injunction is not granted. Money compensation is equally efficacious relief and hence where money compensation is possible no injunction is granted.
Example: – A agrees to sell 100 bags of rice of a particular brand @ Rs. 1000/- per bag. A
makes breach. As rice of that particular brand is easily available in market therefore, no specific performance shall be granted. Hence, the court shall not restraint A from selling the bags but will grant money compensation. Consequently, no injunction shall be granted in this case.
ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.
Example:
i)When the conduct of the plaintiff or his agents has been such as to disentitle
him to the assistance of the court;
Whenever the plaintiff is guilty of any wrong then he is not permitted to claim injunction. Therefore, where a plaintiff is guilty of fraud or misrepresentation against the defendant, he loses his right to obtain an injunction, against defendant.
Example 1: A manufactures and sells crucibles, designating them as “patent plumbago crucibles”, though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.
Example 2: A seeks an injunction to restrain his partner, B, from receiving the partnership-debts 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.
j) When the plaintiff has no personal interest in the matter.
Another situation where no injunction shall be granted by the court is when the plaintiff has no personal interest in the matter. A plaintiff can obtain injunction to protect this interest and not of someone else.
