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(1) This Act may be called the Specific Relief Act, 1963. The Specific Relief Act, 1963 was enacted to define and amend the law relating to certain kinds of specific relief. The case for performing a mandatory injunction would be if the court needs a party to take a specific course of action, and as soon as possible. An Act to define and amend the law relating to certain kinds of Specific Relief. Mandatory Injunctions Although the court is vested with wide discretion to fashion injunctive relief, it is also restricted to restraint of a contemplated or threatened action. Remedies available under Specific Relief Act, 1963. relating to certain kinds of specific relief. Order 39 Rules 1 & 2 read with section 151 C.P.C. Short title.- This Act may be called the Specific Relief Act, 1877. The effect of Injunctions include: a) Prohibitory Injunction -An order to restrain a party from doing something (Section 52 Specific Relief Act 1950) 4. Damages in lieu of or in addition to Injection ( Section 40) 5. It consists of a grant of temporary, perpetual and mandatory injunction. Temporary injunction meaning in Indian law has been defined under Section 37(1) of the Specific Relief Act, 1963 as, "Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of . Specific Statutory Civil Remedies. As the Preamble to the Act suggests it 'defines and amends the law relating to certain kinds of Specific Relief'. In many circumstances applicants prefer to have an act prevented or performed rather than to receive compensation after the fact. The county courts have similar powers under s. 38 of the County Types Of Injunction. Injunction is a specific order of court of law forbidding the commission of wrong threatened or continuance of wrongful course of action or in certain cases commanding active restitution of former state of things under Section 36 of Specific Relief Act preventive relief can be granted at the discretion of court by temporary or perpetual . KINDS OF INJUNCTIONS Injunctions are mainly of . 1. An injunction is an equitable remedy in the form of a court order that demands a party must do or must not do certain acts. Types of Injunction There are three types of injunction: Preliminary - A preliminary injunction, also known as a temporary injunction law, is an injunction given to a party prior to trial. Local Extent.- A party that does not follow an order of injunction and fails to comply with it has to. [Kuala Lumpur, Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu--4 July 1950; Malacca, Penang, Sabah and Sarawak-- 1 July 1974, Act A238] PART I PRELIMINARY . Preliminary. 1. Analysing the Law of Specific Relief. Perpetual injunctions can be granted under section 38 of Specific Relief Act, 1963. Refusal of Injunction :-Section 41 of the Specific Relief Act, 1963, provides various contingencies in sub section (a) to (j) in which the injunction cannot be granted. Specific Relief Act was codified in the year 1877 which was replaced by the Specific Relief Act of 1963 (Act No.47 of 1963). WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows : PART I Preliminary 1. In business, there are several scenarios in which injunctive relief may play a starring role in resolving a dispute. Temporary Restraining Order (TRO): A TRO is a temporary order that is typically issued at the outset of a case before there is opportunity for a full adversary hearing involving the admission of evidence and . Preamble . 38. Perpetual Injunctions ( Section 38) 3. 38. Under Sections 36 and 37 of the Specific Relief Act, 1963, there are two types of injunctions, temporary and perpetual while Section 39 governs the mandatory injunction. It provides for the 'specific' or 'particular' relief which can be granted in a proceeding. Temporary or Interim Injunctions : - Temporary or Interim Injunctions are governed by Order 39 of the Code of Civil Procedure 1908 and those injunctions which remain in force . LEGAL PROVISIONS Indian courts regulate the granting of a temporary injunction in accordance with the procedure laid down under Sections 94, 95 and Order XXXIX of the Civil Procedure Code, whereas, temporary and perpetual injunctions are prescribed by Sections 36 to 42 of the Specific Relief Act. Injunction cannot be claimed as a right, but it is an equitable and discretionary relief of the court of law, which should be granted only when it is absolutely necessary. It contains provisions, inter alia, specific performance of contracts, contracts not specifically enforceable, parties who may obtain and against whom specific performance may be obtained, etc. There are several different types of injunctions. Relevant Case Law Executive Committee of Vishya Degree College, Shamli Vs. In the case of violations of § 36.304, § §36.308, 36.310(b), 36.401, 36.402, 36.403, and 36.405 of this part, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by the Act or this part. Definition of specific relief: Specific relief in specie. An injunction is a court order requiring a person to do or cease doing a specific action. Injunction Examples. 38. 1. (4) The court may issue a permanent injunction to restrain, abate or prevent the continuance or recurrence of the violation of RCW 9.26A.110, 9.26A.115, or 9.26A.090. An Act to define and amend the law relating to certain kinds of specific relief. It is issued in terms of decree after proper hearing of the case and satisfaction of the court. 30. Section 37 of the Specific Relief Act, 1963 provides for the definition of temporary and perpetual injunctions. Such an injunction can be granted upon the merits of the suit . This legislation had become necessary because the Indian Contract Act,1872 provided only the relief of compensation in case . A person seeking specific relief must come to the court with clean hands. THE SPECIFIC RELIIEF ACT, 1877. Temporary Injunctions, also called Interlocutory Injunctions are contained in Section 37(1) of the Specific Relief Act of 1963. Short title, extent and commencement. Injunctions are dealt with under the Specific Relief Act and are acted upon under Civil Procedure Code. Mandatory Injunctions ( section 39) 4. Last Updated on 2 years by Admin LB INTRODUCTION In order to provide reliefs in cases relating to contracts, torts and other cases Specific Relief Act, 1877 was enacted. In spite of the codification the law of injunction continued to expand and it fulfilled the needs of the society in different shapes - and forms. Injunction is a judicial process by which one who has invaded or is is threatening t invade the rights, legal or equitable, of another, is ordered to refrain from doing, or to do a particular act or thing. Specific Relief is an equitable relief. Injunction is a specific relief which is of two kinds - (i) perpetual injunction which is dealt with in ss.54 to 57 of the Specific Relief Act and (ii) temporary injunction dealt with under Or 39 of CPC. Statement of Objects and Reasons. Co., AIR 1944 Allahabad 66(77) has held that Specific Relief Act was enacted not to consolidate but only to define and amend the law relating to certain kinds of specific reliefs and though the Specific Relief Act may be exhaustive with regard to those matters which are specifically dealt with by that Act but not otherwise. Recovery of Possession of Property (Sec-5 . Another equitable remedy is injunction, which is a remedy that prohibits a party from a particular act. There are many types of Injunction, but generally, the interim/interlocutory injunction is the usual Injunction sought in Court. Understand the types and requirements of injunctions, explore the . The law of "specific relief" as administered in Pakistan is primarily contained in the Specific Relief Act, 1877.It was promulgated on the 7 th of February, 1877 in British-India, prior to Partition in 1947. An injunction that prevents a course of action is said to be prohibitive in nature, and this is the traditional essence of injunctive relief - it commands cessation of a wrongful act. An Act to define and amend the law relating to certain kinds of specific relief. Injunctions can be temporary -- such as a preliminary injunction issued before a trial to prevent a defendant from harming . Injunctions historically are issued, only "when the remedy at law is inadequate". deals with it. This Act came in force in the replacement of earlier Act of 1877. Last Updated on 2 years by Admin LB Preventive Relief is an important equitable remedy provided under the Specific Relief Act, 1963. Temporary injunction can be granted under sub-section (I) of section 37 of the Specific Relief Act, 1963. WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- PART I PRELIMINARY. Injunctions are typically used to prevent future harmful action, rather than to compensate to an injury that has already occurred. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction. There are two types of injunction, preliminary and permanent injunction. Specific Relief Act, 1963 MCQ | Judicial Services | Law Mock Test. 12 years. a. They are (a) temporary order and (b) permanent order. Sushil Kumar & Anr vs Ram Prakash & Ors 1988 AIR 576, 1988 SCR (2) 623 There was one difficulty for the sustainability of the suit for injunction. (2) It shall come into force on such date [1] as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into . c. 30 years d. 20 years. •S.C.R. effect and the consequences of, the different types of pre-emptive relief that can be obtained by way of an injunction. is a remedy where a statute imposes a specific obligation on a person, or confers a power on an administrative body and provides a specific mechanism of its own to invoke the jurisdiction of a court in some way, at some stage of the proceedings and for some purposes. It is only provisional in nature and does conclude a right or finally . Injunction to perform negative agreement Specific Relief 7 LAWS OF MALAYSIA Act 137 SPECIFIC RELIEF ACT 1950 An Act relating to specific relief. Injunction when Refused - Section 41 | Specific Relief Act. Short title. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow:— PART I PRELIMINARY 1. ordering the defendant to do a . 1. Perpetual injunctions can be granted under section 38 of Specific Relief Act, 1963. The governing statutory provision for the remedy of injunctions is set out in Part III of the Specific Relief Act, 1950 (" SRA "), which consists of Section 50 and 51. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature. Mandatory injunctions are two types- 'restorative' mandatory injunction is one restoring the status quo by requiring the defendant to do an act and 'enforcing' mandatory injunction requires the performance of some positive act, often on at continuous . It also might compel Specific Performance of an act. An injunction is a court order compelling a party to do or not do a specific act or acts. Short title, extent and commencement.—(1) This Act may be called the Specific Relief 29. (2) Considerations. An injunction is an order of the court directing a party to the proceedings to do or refrain from doing a specified act. Preamble.- WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- Part I. 1 A suit for possession under Section 5 can be filed within. They can be issued by the judge early in a lawsuit to stop the defendant from continuing . Note that specific performance and injunction remedies are similar, but the key difference . 1. face both criminal and civil penalties and. TO WATCH FULL COURSE VIDEOS, DOWNLOAD MY MOBILE APPLICATION || CLICK THE FOLLOWING LINK http://bit.ly/SudhirSachdevaClassesAppClick the following Link to Bu. In spite of the codification the law of injunction continued to expand and it fulfilled the needs of the society in different shapes - and forms. It also might compel Specific Performance of an act. Injunction to perform a negative covenant ( section 42) As per Sec.38 of Specific Relief Act - the plaintiff must establish apprehended breach of an obligation existing in his favour, whether expressly or by implication. 2[It extends to the whole of Pakistan.] Preliminary A preliminary or temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. An injuction is defined by the Maryland Rules as an order from the court mandating or prohibiting a specific act. - The court, in considering the relevant criteria for injunctive relief under applicable law, shall consider - Equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered to provide sufficient restitution. The Specific Relief Act, 1963- Injunctions: Section. Injunctions are orders made by the courts either restraining or requiring performance of a specific act in order to give effect to the legal rights of the applicant. Within the center, there are two types of injunctions. Short title, extent and commencement. There are few charges for the notes which we can discuss on email. The note considers interim and final injunctions, prohibitory and mandatory injunctions, quia timet and springboard injunctions and injunctions in support of arbitration proceedings. 2 The movable property is recoverable under Section 7 of the Specific Relief Act is. Perpetual injunction when granted.—. 47 OF 1963 [13th December, 1963.] Alternative remedy: An injunction, which is a discretionary equitable relief, cannot be granted when an equally efficacious relief is obtain­able in any other usual mode or proceeding except in cases of breach of trust. The injunction is designed to provide more effective and appropriate relief than an ordinary common-law award of damages. Even before the codification of Specific Relief Act, specific relief had been administered in British-India based on the principles of fairness . 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