To simplify these points, let us use some illustrations: Section 38 1 : Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. Admittedly, no reason was assigned for rejecting the same. Permanent injunction is regulated by the Specific Relief Act, 1963 in Sections 38 to 42. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further orders of the court. Gupta, learned senior counsel appearing for respondent No. F-16 and F-17 between plot nos.
In the facts and circumstances of the case, the interim order passed by this Court on 21. The Court, who issues it, can withdraw it, at any stage, until a final order or decree is ordered. The remedy by damages would be inadequate if the compensation ultimately payable to the plaintiff in case of success in the suit would not place him in the position in which he was before injunction was refused. In view of the above facts and circumstances, the sole question has arisen as to whether the High Court was justified in not granting the interim relief in favour of the appellant? The present application is bonafide and is being made in the interest of justice. However, the Court admitted the writ petition, expedited the hearing of the writ petition but rejected the application for interim relief. The same are reproduced as under: Order 39 Rule 1, Cases in which temporary injunction may be g ranted:- Where by affidavit or otherwise proved in any suit; a that any property in dispute in a suit is in danger of being wasted damaged or alienated by any party to the suit, or wrongfully sold execution of a decree, or b that the defendant threatens, or intends, to remove or dispose of his execution of a decree, or property with a view to defrauding his creditor, c that the plaintiff is threatened by the defendant to dispossess, or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may to restrain such act by order grant a temporary injunction, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of plaintiff or other wise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until such other further orders. .
In Colgate Palmolive India Ltd. No prejudice shall be caused to the Defendants if the leave prayed for herein is granted. Article 136 of the Limitation Act lays down that for the execution of any decree other than a decree granting a mandatory injunction or order of any civil court the period of limitation is 12 years and the time from which the period begins to run is when the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods when default in making the payment or delivery in respect of which execution is sought, takes place: provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. The case actually reaches trial stage. On the same date, namely, 27.
. When court hears both sides and orders interim injunction, it is known as temporary injunction. Courts cannot appoint a person other than from the approved panel. The land in dispute was adjacent to said two plots also. The summoning of documents, inspection of documents, examination of parties at the first hearing and interrogatories stages conclude. Thus, the interim application has rightly been rejected by the High Court. Such order is passed as a temporary arrangement to preserve the status quo till the matter is decided finally, to ensure that the matter does not become either infructuous or a fait accompli before the final hearing.
Perpetual injunction is dealt under sections 54 to 57 of the Specific Relief Act, which is granted at the time of final disposal of any suit during passing of the Judgment along with declaration of any kind of status where it is prayed for. A permanent injunction may be granted: a. Economic growth and social equity are the two pillars of our Constitution which are linked to the right of an individual right to equal opportunity , rather than in the abstract. In respect of prima facie case, it was held in K. Company, incorporated under the provisions of Companies' Act 1956, is indulged in manufacturing of press components, moulded components, soft luggage, moulded luggage and other travel goods, tools, moulds jigs, dies fixtures and other engineering goods and carrying its business on a land measuring 4050 sq.
It is also evident from the said site plan that after plot Nos. It is evident from the site plan that a large number of plots had been carved out from the huge area of land and in between, an open vacant space being No. Irreparable loss is the loss the plaintiff suffers if order is not granted to him and that the loss would be such that it cannot be compensated monetarily or otherwise. The Maharashtra Industrial Development Corporation Disposal of Land Regulations, 1975 have been framed to give effect to the provisions of 1961 Act. It reveals that court cannot grant temporary injunction after final disposal of suit or after dismissal of suit in default. A temporary injunction can be granted at the discretion of the Court, and upon certain circumstances of the case. The moment the second defendant deposes, the right of the first defendant to depose is lost.
On the contrary, Shri Bhaskar P. A permanent injunction also known as perpetual injunction is one that is delivered at the time of the final judgement, and therefore is more often than not, prevalent for a longer period of time. A temporary injunction is simply an order by the court. He may let in evidence on the issues in respect of which burden lies on him, leaving it open to let the defendant to let in his evidence in respect of issues where burden is on the defendant. A receiver shall open a bank account as receiver and shall deposit amounts received by him in that account, except where he has to deposit the amounts straight into court.
It hears both parties, and then provides a solution. However, it is important to understand, that this is not always so. The appeal has no merit, thus liable to be dismissed. The evidence is recorded in narration form and not in question and answer form. When it shall be made known to any district attorney who prosecutes criminal cases in the county by the chief of police, sheriff or other officer or by any reputable citizen that any hotel, tavern, inn or other building has been provided with bells, wires, signals or dumbwaiters or any of them, or other implements or appliances for communicating with the occupants of a gaming place or rooms used for gambling, or that barred or locked doors have been provided which prevent the access of any officer to said rooms where said gaming is carried on, the district attorney shall file a complaint in a court against the owner of such building or room, as well as against the keeper or proprietor of such hotel, tavern, inn or other building to obtain a mandatory injunction to compel the removal of all the things, implements or devices hereinabove mentioned and to perpetually enjoin them from permitting said hotel, tavern, inn or building to be used for the purpose of gaming, and application shall be made upon the filing of such complaint to the judge for a preliminary injunction if the district attorney will make the affidavit to said complaint which he may do on information or belief or if any other officer or citizen offers to make such affidavit so as to obtain an order for a preliminary injunction.
The land was allotted to the respondent no. Proceedings in the Suit:-A suit is instituted by filing a plaint. The court which issues a permanent injunction cannot withdraw it, after its declaration. The user of land in Open Space No. Suppose the party let in evidence on only a few issues as his burden lies on those issues only. It may be examined however briefly here.