Suit for Permanent Injunction and Suit for Specific Performance | Gopalakrishna Kalanidhi | You Can not file these two at a time | PepTV

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What is suit for Permanent Injunction:
A suit for injunction is a very common and effective remedy against any mischief played by a third-party. All the civil courts are empowered to issue injunctions. An injunction may be issued for and against individuals, public bodies or even State. Disobedience of injunction is punishable as contempt of court.In India, some of these points have been incorporated into rules of jurisdiction by being enacted as sections of the Specific Relief Act. In other words civil suit is an effective legal remedy by any person against the other seeking a releif of restraint under the facts when the person approaching the court is aggrieved by any mischief of the other person.
They may be stated as below:

An injunction will not be issued
(i) where damages are the appropriate remedy,
(ii) where an injunction is not the appropriate relief,
(iii) where the plaintiff is not entitled to an injunction on account of his conduct,
(iv) where the contract cannot be specifically enforced,
(v) where the injunction would operate inequitably.
The cases in which an injunction is to be granted in preference to damages where a property is concerned to have been summarized in Section 38, Specific Relief Act.
(i) Kind of injunction: Injunctions are either temporary (interlocutory) or perpetual. They are defined in Section 37, Specific Relief Act, which reads as under:
(1) Temporary injunctions are such as are to continue until a specified 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.
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act which would be contrary to the rights of the plaintiff.
(i) Temporary injunctions: The procedure of granting the temporary injunction is governed by the rules laid down in Order XXXIX, Rules 1 and 2, Civil Procedure Code (Act V of 1908) which reads as under:
1. Cases in which temporary injunction may by granted: Where in any suit it is proved by affidavit or otherwise
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defraud his creditors.

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract. ... Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate. Pep TV Telugu, peptv telugu telugu movies, latest telugu movies

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