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 is defined by Barney's Encyclopedia of the Law of England as "a judicial process by which one, who has invaded or is threatening to invade the rights (legal or equitable) of another, is restrained from continuing or commencing such wrongful act.
1) Mandatory Injunction:
In the words of Shell " Mandatory Injunction is an injunction to restrain, that continuance of some wrongful omission justice can be done by issuing a mandatory injunction ordering act to be done.
Section 39 of the Specific Relief Act 1963 says that "when to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
A mandatory injunction forbids the defendant to permit the continuance of a wrongful state of things by ordering to under that which has been done or to do a particular act to restore things to their former condition.
2) Here are some examples
1) A is B's medical advisor, A threatens B to publish written communication with him, showing that B has led an immoral life. Here in this example, B may obtain an injunction to restrain the publication.
2) A threatens to publish the statement concerning B which would be punishable under chapter XXI of Indian penal code 1860 the court may grant an injunction to restrain the publication, even though it may be shown not be injurious to restrain the publication.
3) A builds a house with eaves over B's land B may sue for an injection to pull down so much of the eaves as so project. A is B's medical advisor. He demands money of B which B declines to pay. A then threatens to make known the effect of B's communication to him as a patient. B may sue for an injunction to restrain him from so doing. The court may also order A's letter to be destroyed.
In a suit for Mandatory Injunction, the burden of proof lies on the plaintiff if he fails to discharge the burden, he will not be entitled to the relief of an injunction. He can not get relief of injection on the ground that the defendant has failed to prove his case.
3) See also
What is Nuisance? kinds of the nuisance , who can sue for nuisance? Remedies available for Nuisance.
1) Mandatory Injunction:
In the words of Shell " Mandatory Injunction is an injunction to restrain, that continuance of some wrongful omission justice can be done by issuing a mandatory injunction ordering act to be done.
Section 39 of the Specific Relief Act 1963 says that "when to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
A mandatory injunction forbids the defendant to permit the continuance of a wrongful state of things by ordering to under that which has been done or to do a particular act to restore things to their former condition.
2) Here are some examples
1) A is B's medical advisor, A threatens B to publish written communication with him, showing that B has led an immoral life. Here in this example, B may obtain an injunction to restrain the publication.
2) A threatens to publish the statement concerning B which would be punishable under chapter XXI of Indian penal code 1860 the court may grant an injunction to restrain the publication, even though it may be shown not be injurious to restrain the publication.
3) A builds a house with eaves over B's land B may sue for an injection to pull down so much of the eaves as so project. A is B's medical advisor. He demands money of B which B declines to pay. A then threatens to make known the effect of B's communication to him as a patient. B may sue for an injunction to restrain him from so doing. The court may also order A's letter to be destroyed.
In a suit for Mandatory Injunction, the burden of proof lies on the plaintiff if he fails to discharge the burden, he will not be entitled to the relief of an injunction. He can not get relief of injection on the ground that the defendant has failed to prove his case.
3) See also
What is Nuisance? kinds of the nuisance , who can sue for nuisance? Remedies available for Nuisance.
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