What are the cases in which Injunction can be refused ?

What is an Injunction:

              According to Halsbury, An Injunction is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.  There are two kinds of an Injunction 1) Temporary Injunction 2) Perpetual Injunction.  An Injunction may be issued for and against Individuals, public bodies or even the state. Disobedience of an Injunction is punishable as contempt of Court.


 Injunction when refused :

     According to Section 41 of Specific Relief Act 1963, In Following cases, an injunction cannot be granted.

(a) To restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restrain is necessary to prevent a multiplicity of proceedings;


(b) To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;

(c) To restrain any person from applying to any legislative body.

(d) To restrain any person from instituting or prosecuting any proceeding in a criminal matter;

(e) To prevent the breach of a contract the performance of which would not be specifically enforced;

(f) To prevent, on the ground of nuisance, an act of which it is not reasonably clear that: It will be a nuisance;

(g) To prevent a continuing breach in which the plaintiff has acquiesced;

(h) When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

(i) When the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;

(j) When the plaintiff has a no personals interest in the matter.




See also 

1) What is bailment and What are the Duties of Bailee ?

2) Difference between Sub-Agent and Substituted-Agent

3) What is lien what are the kinds of Lien ?

4) Revocation of Proposal (Offer)

5) Types of Agreement