The Law of Injunctions is a crucial area of civil jurisprudence that provides preventive relief to protect legal rights and prevent irreparable harm. This book, part of the Practical Approach Series, presents an in-depth and application-oriented understanding of injunctions under Indian law.
Structured for lawyers, law students, judges, and legal scholars, the book analyzes the statutory framework, judicial principles, and procedural aspects governing temporary, perpetual, and mandatory injunctions. Special emphasis is placed on the Specific Relief Act, 1963, particularly Sections 36 to 42, and relevant provisions of the Civil Procedure Code.
Key features of this book include:
Clear explanation of the nature, scope, and purpose of injunctions
Detailed treatment of temporary injunctions with case-based illustrations
Grounds for granting or refusing injunctions and key principles like prima facie case, balance of convenience, and irreparable injury
Mandatory injunctions and the conditions under which courts grant them
Perpetual injunctions and their role in property, contract, and tort matters
Procedure for filing and defending injunction applications
Landmark Supreme Court and High Court judgments shaping the law of injunctions
Practical guidance on drafting pleadings, interim reliefs, execution, and contempt proceedings
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Definition and Nature of Injunctions
Historical Background and Evolution
Types of Injunctions – Preventive and Mandatory
Object and Scope of Granting Injunctions
Legal Basis: Specific Relief Act, 1963 and Civil Procedure Code, 1908
Statutory Provisions – Order XXXIX Rules 1 & 2 CPC
Conditions for Granting Temporary Injunctions
Prima Facie Case
Balance of Convenience
Irreparable Injury
Procedure for Filing Applications
Ex Parte Injunctions – When and How Granted
Duration and Modification of Temporary Injunctions
Vacation, Discharge, and Variation of Orders
Appeal and Revision in Temporary Injunctions
Case Law: Leading Judicial Pronouncements
Statutory Basis – Section 38 of the Specific Relief Act, 1963
When Perpetual Injunctions May Be Granted
Protection of Property Rights and Civil Rights
Injunctions in Contractual and Tortious Matters
Grounds for Refusal of Perpetual Injunctions
Important Precedents and Court Practices
Meaning and Scope – Section 39 of Specific Relief Act
Conditions and Prerequisites for Grant
Comparative Study: Temporary vs. Mandatory Injunctions
Enforcement and Consequences of Disobedience
Judicial Approach and Discretionary Power
Key Judgments and Practical Case Studies
Section 41 – Situations Where Injunctions Cannot Be Granted
Injunction Against Breach of Contract (Section 42)
Defences Against Injunction Applications
Injunctions and Equitable Relief – Clean Hands Doctrine
Comparative Analysis: India vs. Common Law Jurisdictions
Drafting of Injunction Applications and Affidavits
Execution of Injunction Decrees
Contempt of Court and Violation of Injunction Orders
Damages in Lieu of or for Breach of Injunction
Role of Advocate in Injunction Litigation
Practical Tips for Effective Advocacy
| AIR Law of Injunctions - Practical Approach Series |
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