Wednesday, October 27, 2010

INJUNCTION SUITS -PART 2

injunction = a preventive relief. it prevents from getting damaged - the things, in the hands of opposite parties. sec. 36 of the specific relief act says about the introduction of granting of interim and permanent reliefs . sec. 37 says about the introduction of the interim injunction and permanent injunctions and sec. 38 says how and when the permanent injunction can be granted and whereas sec. 39 deals with the mandatory injunctions. the grounds when the permanent injunction can be granted :- [1] to prevent the breach of an obligation existence infavour of plaintiff, by defendant, ex press or implied. [2] the obligation may be out of contract [3] to prevent dispossession of plaintiff from the plaint schedule property of the plaintiff by the defendant or trustee of the property[4] when there is no method for assessing damages that is going to be caused by defendant. [5] unestimable damages [6] to avoid multiple proceedings.