"Law of Injunctions" by Dr. Mohini is a well-researched and insightful legal treatise that offers an in-depth study of injunctive relief—a vital tool in civil jurisprudence. The book systematically explores the concept, types, legal framework, and practical application of injunctions under Indian law, primarily based on the Specific Relief Act, 1963, and Civil Procedure Code, 1908.
Key features of the book include:
Detailed explanation of temporary, perpetual, and mandatory injunctions
Analysis of statutory provisions, including Sections 36 to 42 of the Specific Relief Act and Order XXXIX of the CPC
Conditions for grant of injunction: prima facie case, balance of convenience, irreparable injury
Discussion on ex parte injunctions, enforcement, and contempt
Critical examination of Section 41 (when injunction cannot be granted)
Judicial trends and landmark Supreme Court & High Court decisions
Applications in property law, contract disputes, IP law, family law, and public interest litigation
Procedural guidance for drafting and filing injunction applications
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Nature and Definition of Injunction
Origin and Historical Development
Equitable Jurisdiction and Nature of Injunctive Relief
Legal Framework Governing Injunctions in India
Specific Relief Act, 1963
Civil Procedure Code, 1908 (Order XXXIX)
Temporary Injunctions
Order XXXIX Rules 1 & 2 CPC
Procedure, Conditions, and Duration
Ex parte injunctions
Perpetual Injunctions (Section 38, SRA)
Grounds for Granting
Nature and Effect
Mandatory Injunctions (Section 39, SRA)
Difference from Prohibitory Injunction
Judicial Discretion in Granting Relief
Prima Facie Case, Balance of Convenience, and Irreparable Injury
Discretionary Relief and Clean Hands Doctrine
Conduct of Parties and Delay
Undertaking as to Damages
Role of Courts in Injunction Matters
Cases Where Injunction Cannot Be Granted
Illustrative Case Law on Section 41
Specific Situations (e.g., Breach of Contract, Government Actions)
Execution of Injunction Decrees
Violation and Contempt Proceedings
Modification and Vacation of Injunctions
Appeals and Review Mechanisms
Property Disputes and Injunctions
Intellectual Property Rights (IPR) and Injunctive Relief
Family and Matrimonial Disputes
Public Interest Litigation and Environmental Law
Anti-Suit and Anti-Arbitration Injunctions
Landmark Supreme Court and High Court Decisions
Critical Commentary on Case Law
Drafting and Pleading for Injunction Applications
Model Drafts, Affidavits, and Checklists
| Dr. Mohini Law of Injunctions |
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