Professional Documents
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INJUNCTIONS
An injunction is an order of the court directing the doing of some
act or restraining the commission or continuance of some act. The
court has the discretion to grant or refuse this remedy and when
remedy by way of damages is a sufficient relief , injunction will
not be granted. The injunctions are of various kinds :-
Temporary and perpetual injunctionThese have been defined in section 37, specific relief act, 1963 as
follows(1)
A temporary injunction is such as is to continue until a
specified time ,or until further orders of court
(2)
A perpetual injunction is one by which the defendant is
perpetually enjoined from the assertion of a right, or from
the commission of an act which could be contrary to the
right of the plaintiff.
A temporary or interlocutory injunction is generally granted
before the case has been heard on merits and it is only
provisional and , as such, continues until the case is heard on its
merits or until the further orders of the court. It does not mean
determination in favour of the plaintiff but simply shows that
there is a substantial question requiring consideration. Where it is,
for example, intended that the property should continue to remain
in its existing condition rather than being destroyed or wrongfully
disposed or before the final decision , such an injunction will be
issued. If court, after fully going into the matter, finds that the
plaintiff is entitled to relief, the temporary injunction will be
replaced by perpetual injunction. If however the plaintiffs case is
ABATEMENT OF NUISANCE
An occupier of land is permitted to abate, i.e., to terminate by his
own act, nuisance which is affecting his land. For example, he
may cut the branches or thr roots of neighbourss trees which
have escaped from his land. Generally, before abatement is
made, notice to the other party is required unless the nuisance is
one which, if allowed to continue, will be a danger to the life or
property. When abatement is possible without going on the
wrongdoers land, i.e., cutting of the brances of a tree hanging on
the land of the abater, the same may be done without any notice.
When there are more than one way of abatement, the less
mischievous one should be followed. When a more mischievous
way of abatement is followed, notice of abatement should be
given.
FELONIOUS TORTS
When the tort was a felony, the rule at common law was that
remedy in case of tort was not available until the defendant was
prosecuted for felony or some reasonable justification for not
prosecuting him was shown. Thus, proceeding in case of tort was
suspended until the defendant was prosecuted or some
reasonable justification for not prosecuting him was shown. This
rule has been abolished in England by the passing of criminal law
act, 1956.For eg., when a person commits a theft, it also amounts