INJUNCTION - Introduction
An Injunction is an equitable remedy, it is an order given by court under which a person has to do or cease doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking specific action is required in order to prevent injustice.
An injunction is a specific order of the court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some cases, when it is called mandatory injunction commanding active restitution of the former state of things.
In Burney’s Encyclopedia of Laws of England it is defined as “a judicial process by which one, who has invaded or is threatening to invade the rights (legal or equitable) of another, is restrained form continuing or commencing such wrongful act.”
Joyce defines injunction as “ An order remedial, the general purpose of which is to restrain the commission or continuance of some wrongful act of the party informed”
Lord Halsbury is most explicit when he says: “An injunction is a judicial process where by a party is ordered to refrain from doing or to do a particular act or thing.”In former case it is called restrictive injunction and in the latter case it is called mandatory injunction.
It is the discretionary power of the court. Here the court decides after observing that whether the plaintiff’s right are being violated, it balances the irreparability of injuries and inadequacy of damages.
Injunction can be availed only in cases of in-personam jurisdiction and not in the case of in-rem.
Injunctions are either restraining or requiring performance of a specific act in order to give effect to the legal rights of t...
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...ith grant of injunction. Whereas in civil matters the law relating to injunction is provided in Chpt VII of part III of the Specific Relief Act,1963 u/s 36 to 42. The injuction is granted at the discretion of the court.
Specific Relief Act,1963
Injunction acts in personam. E.g.:- ‘A’ the plaintiff, secures an injunction against ‘B’ forbidding him to erect a wall. ‘A’ sells the property to ‘C’. The sale does carry the injunction with the property.
Under England Law :-
i) If the injury to the plaintiff’s legal rights is small
ii) Is one which is capable of being estimated in money
iii) Is one which can be adequately compensated by a small money payment
iv) In which it would be oppressive to the defendant to grant an injunction
Under the above cases the damages were given in substitution for any injunction
§ 36 to 42 of the SRA deals with Injunction
AWI presented two arguments against the injunction, 1) that it fails to maintain the statutes quo, and 2) that it does not serve to cure the Plaintiff’s injury. The Court of Appeals first found that an injunction should attempt to preserve the period when there were no issues between the parties, which in this case, was when AWI pumped less water. Second, the Court of Appeals found that an injunction need not cure the Plaintiff’s injury, but instead should serve to guard against future injury. While AWI alone may not be causing the entire drawdown, stopping their pumping should increase the overall supply of groundwater. In general, the Court of Appeals found that the District Court correctly applied the law in granting the injunction. After Garetson, senior waters users will find that injunctive relief will be a strong and available tool in future water disputes.
when there is a technical violation. In cases such as Sandin v Conner and Olim v
3. Assuming that she was, a question whether the respective defendants, any, all, or who of them, were proper subjects for the injunction prayed, as holding the bonds without sufficient title, and herein -- and more particularly as respected Hardenberg, and Birch, Murray & Co. -- a question of negotiable paper, and the extent to which holders, asserting themselves holders bona fide and for value, of paper payable "to bearer," held it discharged of precedent equities.
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
The difference between Judicial Activism and Judicial Restraint is that Judicial Activism courts interpret the law loosely and will create a new precedent if need be, especially when pertaining to cases dealing with civil rights and social welfare. Judicial Restraint courts take the law strictly and make their decision based on how the law is stated in the Constitution.
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
From the creation of the very first civilizations, people have been using laws for potential disputes and or other issues that they come across. With the evolution of time and the expansion of the legal system, many laws were established that did not promote justice and equality. In essence, they did not take into consideration the ethical and racial implications that these laws generated. In our days, laws of this nature are still in effect and are characterized as unjust. They can be found anywhere and can take various forms.
Andrews N, Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 (2001) 60 The Cambridge Law Journal 353
Judicial restraint is loosely defined as decisions or judgements that take a narrow interpretation of the constitution. It reflects a respect for the law as it has been enacted by the Legislature. Rather than creating new laws from broad interpretations. For myself, it is somewhat harder to distinguish what judicial restraint is. An example of judicial restraint would be the 1996 case of Bowers v. Hardwick. Hardwick was charged with violating the Georgia statute of sodomy by committing a sexual act with another male in the bedroom of his home.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
to accept, to offer help or to decline it; the right of son to court and daughter to be courted; the
-Equity: seen over by the Chancery Court; designed to give relief from strict decisions made by the common law
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
give a definition of justice. At the end of Book II he began a detailed
Impartiality means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases.