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Law of Injunctions

Law of Injunctions

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Description
In a short span of time this Book "Law of Injunctions" is being released as Eleventh Edition. An injunction is a Judicial process whereby a party is ordered to refrain from doing or to do particular act or thing. In the former case it is called a restrictive injunction and in the latter a mandatory injunction. Gains Burg vs. Dodge, Halsbury's Law of England, 2nd Edn. Vol. 21 see also 101 SW 2d. Injunction may be either final remedy obtained by a suit or a preliminary and interlocutory relief granted while the suit is pending. In the first case it is a decree in the second an order or writ. Whatever be its forms, decree or order, the remedy by ordinary injunction is wholly preventive, prohibitory or protective. The same is true in theory and in form of a mandatory injunction which always by its language prohibits the continuance of an act or a structure although in effect and in its essential nature it is wholly restorative and compels the defendants to restore the things to its original situation'. An injunction is a writ framed according to the circumstances of the case commanding an act which the Court regards as essential to Justice or restraining an act which it esteems contrary to equity and good conscience². An
injunction is a remedial writ which Court issues for the purpose of enforcing their equity jurisdiction³. Injunction is writ commonly used by Courts of equity as incident to enforcement of its commands and decrees4. An injunction is an order of the Court granted for the purpose of restraining the doing, continuance or repetition by the person enjoined, his servants or agents of some wrongful act which constitutes an infringement of a legal or equitable right as for instance, a breach of contracts. An injunction is merely a process by which Court enforces equity. An injunction is an order of an equitable nature restraining the person to whom it is directed from performing a specified action in certain exceptional cases which will be considered hereafter requiring him to perform a specified act.
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Contents
01.  History of Injunctions
02.  Definitions and Nature of Injunctions
03.  Jurisdiction of Courts to Grant Injunctions
04.  Conduct of Parties
05.  Discretion of Courts
06.  Temporary Injunctions
07.  Perpetual Injunctions
08.  Mandatory Injunctions
09.  Damages in Lieu of or In Addition to Injunctions
10.  Injunctions When Refused
11.  Injunction to Perform Negative Agreement
12.  Indigent Persons and Injunctions
13.  Co-owners and Injunctions
14.  Torts and Injunctions
15.  Infringement of Copyright and Injunctions
16.  Infringement of Trade Marks & Injunctions
17.  Infringement of Patents and Designs and Injunctions
18.  Defamation and Injunctions
19.  Easements and Injunctions
20.  Nuisances and Injunctions
21.  Natural Rights and Injunctions
22.  Trespass and Injunctions
23.  Breach of Contracts and Injunctions
24.  Waste and Injunctions
25.  Infringement of Water Rights and Injunctions
26.  Trusts and Injunctions
27.  Benami Transactions and Injunctions
28.  Administrators, Executors and Injunctions
29.  Fiduciary Relations and Injunctions
30.  Section 142 Cr. P.C. and Injunctions
31.  Proceedings Under Section 145 of The Code of Criminal
       Procedure and Injunctions
32.  Section 6 of The Specific Relief Act and Injunctions
33.  Section 34 of The Specific Relief Act, 1963 and Injunctions
34.  Arbitration Proceedings and Injunctions
35.  Partnership and Injunctions
36.  Insolvency Courts and Injunctions
37.  Matrimonial Affairs and Injunctions
38.  Companies and Injunctions
39.  Corporate Bodies and Injunctions
40.  Mortgagors, Mortgagees and Injunctions
41.  Lessors, Lessees and Injunctions
42.  Religious Matters and Injunctions
43.  Alienation of Coparcenary Property and Injunctions
44.  Trade Unions and Industrial Disputes and Injunctions
45.  Section 53- A of Transfer of Property Act and Injunctions
46.  Educational Institutions and Injunctions
47.  Caste Questions and Injunctions
48.  Clubs and Societies and Injunctions
49.  Elections and Injunctions
50.  Public Officers, Notices and Injunctions
51.  Receivers and Injunctions
52.  Compensation for Obtaining Injunctions On Insufficient Grounds
53.  Writs and Injunctions
54.  Res judicata and Injunctions
55.  Recovery of Debts Due to Banks and Financial Institutions Act,1993
       and Injunctions
56.  Restitution and Injunctions
57.  Inherent Power and Injunctions
58.  Pollution and Injunctions
59.  Service Matters and Injunctions
60.  Land Acquisition and Injunctions
61.  Partition Act,1893 and Injunctions
62.  Commissions and Injunctions
63.  Pleadings and Injunctions
64.  Essential Commodities Act,1955 & Injunctions
65.  Bank Guarantee & Injunctions
66.  Guardian & Wards Act & Injunctions
67.  Indian Penal Code & Injunctions
68.  Cantonments Act and Injunctions
69.  The Information Technology Act, 2000 and Injunctions
70.  Articles 135 and 136 of The Limitation Act 1963 and Injunctions
71.  Section 15 of The Limitation Act 1963 and Injunctions
72.  Right to Lodge a Caveat and Injunction
73.  The Contempt of Courts Act, 1971 and Injunctions
74.  Securitisation and Reconstruction of Financial Assets and Enforcement of
       Security Interest Act, 2002 and Injunctions
75.  Injunctions and Execution
76.  State Financial Corporations Act, 1951 and Injunctions
77.  Precedents and Injunctions
78.  The Public Premises (Eviction of Unauthorised Occupants)
        Act, 1971 and Injunctions
79.  The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Injunctions
80.  The Electricity Act and Injunctions
81.  The National Green Tribunal Act and Injunctions
82.  The Real Estate (Regulation and Development) Act, 2016 and Injunctions
83.  The Prohibition of Child Marriage Act, 2006 and Injunctions
84.  The Fugitive Economic Offenders Act, 2018 and Injunctions
Subject Index
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Author Details
Justice P.S. Narayana
, Judge, High Court of Andhra Pradesh, hails from Chittor District, A.P. He his law degree from Sri Venkateswara University apart from his post Graduation in Public Administration. He has been delivering several lecturers on different topics relating to law in A.P. Judicial Academy and also in certain academic institutions on their invitation.
Sukhvinder Singh Dari, Officiating Director, Symbiosis Law School, Hyderabad, A constituent of Symbiosis International University, Pune.

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