Law of Injunction provides a detailed and authoritative study on one of the most significant equitable remedies available under civil law. An injunction is a judicial order restraining a party from doing or compelling a party to do a specific act. This book explores the substantive and procedural aspects of injunctions under the Specific Relief Act, 1963, the Civil Procedure Code, 1908, and relevant judicial pronouncements.
Key highlights include:
Classification of injunctions: Temporary, Perpetual, and Mandatory
Grounds and principles for granting or refusing injunctions
Detailed study of Order XXXIX Rules 1 & 2 of CPC
Essentials of prima facie case, balance of convenience, and irreparable injury
Procedure for interim injunctions and ad-interim orders
Injunctions in property disputes, contract enforcement, IPR, environmental law, and family law
Leading judgments of the Supreme Court and High Courts
Drafting pleadings and affidavits for injunction applications
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Nature and Meaning of Injunction
Origin and Historical Evolution of Injunctive Relief
Equitable Nature of Injunctions
Statutory Sources: Specific Relief Act, CPC, and Others
Object and Scope of Injunction in Civil Law
Temporary Injunctions (Interlocutory/Interim)
Order XXXIX Rules 1 & 2 CPC
Conditions: Prima facie case, balance of convenience, irreparable injury
Procedure, hearing, and ex parte injunctions
Perpetual (Permanent) Injunctions
Sections 38–42 of the Specific Relief Act
When courts grant or deny permanent relief
Mandatory Injunctions
Scope under Section 39
Principles and limitations
Judicial scrutiny and enforcement
Application for Injunction – Format and Contents
Affidavits and Supporting Evidence
Notice and Hearing Procedures
Interim, Ad-interim, and Final Orders
Undertaking as to Damages and Securities
Vacation, Modification, or Discharge of Injunctions (Order XXXIX Rule 4 CPC)
Essential Tests for Granting Injunctions
Discretionary Nature of Relief
Negative Covenants and Injunctions in Contracts
Limitations and Bar on Injunctions (Section 41, Specific Relief Act)
Delay, Acquiescence, and Other Defences
Injunctions Against Government or Public Acts
Injunctions in Property Disputes
Injunctions in Matrimonial and Family Disputes
Injunctions in Intellectual Property Rights (IPR)
Injunctions in Labour and Employment Matters
Environmental and Public Interest Injunctions
Anti-Suit and Anti-Arbitration Injunctions
Injunctions and Digital/Online Content (New Age Litigation)
Important Supreme Court and High Court Rulings
Case Digest on Temporary and Permanent Injunctions
Evidentiary and Appellate Considerations
Injunction Law in Common Law Jurisdictions (UK/US)
Recent Developments and Law Commission Recommendations
Doctrines Influencing Injunctive Relief: Clean Hands, Equity Follows the Law, etc.
| D. Sengupta Law of Injunction |
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