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Circumstances in which Injunction cannot be granted


Circumstances in which Injunction cannot be granted     

The relief of injunction is refused in the following circumstances

Clause (a): Stay of pending judicial proceeding.

            Section 56 applies pending judicial proceedings. Therefore no injunction can be granted restraining judicial proceeding pending in a competent court of law. Prayer for injunctions to the extent that defendant be restrained from dispossessing plaintiff could not be granted in view of pending of ejectment case against the plaintiff.

Under this clause stay may be granted to prevent multiplicity of proceedings where the decree which the defendant was trying to execute was obtained by collusion and did not in any way effect the interest of the plaintiff. It was held that an order granting injunction was proper as otherwise it would give rise to a multiplicity of proceedings.

Clause (b): Stay of judicial proceedings pending in court not subordinate:

Under section 56 a court cannot stay proceeding in a court not subordinate to it. The prohibition operates only in respect courts which are not subordinate in the sense that they are co-ordinate or superior. Therefore, except for the purpose of preventing multiplicity of proceedings, Civil Court cannot issue injunction to stay judicial proceedings or proceedings in superior courts. Thus, an injunction granted by Civil Court does not effect proceedings for winding up a company which are pending in the High Court.

Clause (c): To restrain persons from applying to any legislation body:

Injunction cannot be granted the effect of which to restrain a person from applying to any legislative body.

Clause (d): Interference in public duties of Government department:

           Clause (d) prohibits grants of permanent injunction which may interference with the public duties of any department of the Central Government or any provincial Government or with the sovereign action of a Foreign Government. Thus, courts are not bound to issue directions in every case to the administrative functionaries to perform their functions in one way or the other. Therefore, no injunction can be granted to interfere with the public duties of any Department of the Govt. Or for that matter to prevent the breach of a contract the performance of which would not be specifically enforced.

Clause (e): Stay in criminal matter:

Section 56 (e) pleas a complete bar upon issuance of any injunctions restraining criminal proceedings. In view of S.56(e) a civil court cannot stay criminal proceedings by issuing an injunction on a complainant. The court will not interfere unless in very special circumstances by way of injunction or declaration of right; where the legislature has pointed out a made of procedure before a Magistrate.

Clause (f): Prevention of breach of contract which would not be specifically performed:

            Clause (f) of S.56 imposes an embargo on the grant of permanent injunction to prevent the breach of a Contract which cannot be specifically performed. Thus, a contract could not be specifically enforced when contracted goods were not specific or ascertained or substitute thereof, could be obtained from the market or where plaintiff could recover price of such goods which he had paid plus extra amount he would have to spend when such goods were available at a higher price.

Where a contract was not enforceable there would arise no question for grant of a perpetual injunction.

Clause (g) Prevention of nuisance:      

Injunction cannot be granted on the ground of nuisance, where of the act complained against is not reasonable clear to be a nuisance.

A person is entitled to enjoy his own property in any way he pleases provided he neither creates a nuisance nor interference with right or apprehension thereof. To determine whether the act complained of amounts to a nuisance, the criterion is ordinary physical comfort of human existence according to plain and simple notions prevailing amongst people of the neighborhood.

Clause (h): Continuing breach, prevention of.

           Declaration and injunctions are discretionary forms of specific relief and under S.56, the court many refuse grant injunction if the plaintiff by acquiescence has dis-entitled himself to such relief. But submitting to nuisance for a while, or a mere delay not amounting to waiver, in seeking relief, is not bar to the grant of an injunction.

Clause: (i) other remedy available:

No injunction would be granted U/s 56 (i) when equally efficacious relief can be obtained by any other usual mode of proceedings, such as by specific performance of the agreement or by payment of damages.

Clause (j): Plaintiff not deserving assistance of court:

           Sec 56(i) implies that a person who seeks injunction most came to court with clean hands. He must be able to that his own acts and dealings in the matter have been fair and honest and free from taint of fraud or illegality. If in his dealings with the person against whom he is seeking relief or with third parties he acted in an unfair or inequitable manner, he cant have relief.

Clause (k): Plaintiff having no personal interest:

An injunction cannot be granted to a person unless there is privity of contract between him and the person against whom injunction is sought.

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