Meaning of Preventive Relief/ Injunction

Meaning of Preventive Relief/ Injunction.


 

Preventive relief means the relief where a party to the contract is prevented from doing particular act, which he is under an obligation not to do.

Preventive relief is granted under the discretion of court by way of Injunction.  Injunction is a process whereby a party is ordered to restrain from doing or to do a particular act or thing.

 

Types of Injunction :

 

Temporary injunction: A temporary injunction means an injunction which is to continue until a specific time or until the further orders of the court.  It may be granted at any stage of the suit and does not conclude or determine the right.  This is also known as interlocutory or interim injunction.

Perpetual Injunction  A perpetual injunction can be granted by decree made at the hearing and made upon the merits of the suit.  It is granted only after full trial or hearing or the case, when a right is firmly established.

Mandatory Injunction  Sometime to prevent the breach of an obligation, it may be necessary to compel the performance of certain acts.  If a court is capable of enforcing the performance of those acts, it may grant an injunction to prevent the breach complained of and also to compel the performance of the requisite act.  This injunction is known as mandatory injunction.

Ex-parte Injunction : Where the facts and circumstances of the case require that an injunction should be granted in favour of one party without hearing the other party, the court may do so.  This is known as ex-parte injunction.

 

 

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