Grounds for Granting Injunction:
1. Prima Facie Case: The plaintiff must show that their case is likely to succeed based on
initial evidence. Though not explicitly stated, this principle is fundamental in all
equitable relief cases. Illustration: If a plaintiff produces valid property documents
showing ownership, a court may grant an injunction to prevent trespassing.
2. Irreparable Injury: The plaintiff must prove that without the injunction, they would
suffer harm that cannot be compensated monetarily. Provision: This concept is inherent
in Section 37 (Temporary and Perpetual Injunctions). Illustration: Demolishing a
heritage building would cause irreparable loss to cultural value.
3. Balance of Convenience: The court assesses which party would face greater harm from
granting or denying the injunction. Illustration: If pollution from a factory harms nearby
farms, an injunction could prioritize the farmers' convenience over delaying factory
operations.
4. No Delay or Laches: If the plaintiff delays taking legal action after the harm begins, the
court may refuse relief. Illustration: A landowner who waits years to challenge an
encroachment may not be granted an injunction due to the delay.
5. Clean Hands Doctrine: Plaintiffs must demonstrate honesty and fairness in the matter
to qualify for equitable relief. Provision: Section 41(i) disqualifies plaintiffs acting in bad
faith. Illustration: Someone who falsifies evidence cannot be granted an injunction.
6. Public Interest: Injunctions are denied if granting them harms the public interest.
Provision: Section 41(ha) prevents injunctions from obstructing public infrastructure or
welfare projects. Illustration: An individual grievance cannot halt construction of a
public hospital.
7. Adequate Remedy: If a legal remedy other than an injunction exists (like monetary
compensation), an injunction is denied except in trust breaches. Provision: Section
41(h) specifically mentions this ground. Illustration: A plaintiff seeking damages for a
contract breach would not need an injunction.
circumstances for Refusing Injunction (Section 41):
1. Judicial Proceedings (Clause a)
o Injunction cannot restrain a person from prosecuting judicial proceedings
pending at the time of filing the suit unless it prevents multiplicity of such
proceedings.
2. Proceedings in Other Courts (Clause b)
o Courts cannot grant an injunction restraining proceedings in a court that is not
subordinate to the court granting relief.
3. Legislative Applications (Clause c)
o No injunction is granted to restrain a person from applying to legislative bodies.
4. Criminal Proceedings (Clause d) o Injunctions cannot halt the institution or
prosecution of criminal cases.
5. Unenforceable Contracts (Clause e)
o Preventing a breach of contracts not capable of specific enforcement is not
grounds for injunction.
6. Unclear Nuisance Claims (Clause f)
o Courts will not grant an injunction against acts that are not reasonably clear as
constituting a nuisance.
7. Acquiescence by Plaintiff (Clause g)
o Injunctions are denied if the plaintiff has knowingly allowed a continuing breach.
8. Equally Efficacious Remedy (Clause h)
o Relief will not be granted if the plaintiff can obtain a suitable remedy by another
usual mode, except in cases of breach of trust.
9. Infrastructure Projects (Clause ha)
o Injunctions will not impede progress or completion of infrastructure projects or
related facilities/services.
10. Disentitled by Conduct (Clause i)
o Plaintiffs acting in bad faith or with conduct that disqualifies them cannot seek
injunction.
11. No Personal Interest (Clause j)
o If the plaintiff has no personal stake in the subject matter, injunction is denied.
