2. • Injunction – is an order of competent court
which
i. Forbids the commission of threatened wrong
or
ii. Forbids the continuation of a wrong already
begun or
iii. Commands the restoration of status quo i.e.
the former course of things
• Clause (i) & (ii) – preventive relief
• Clause(iii) – rectify defendants wrongful
conduct
3. • Lord Halsbury defines Injunction as “ a judicial
process whereby a party is ordered
i. To restrain from doing or
ii. To do a particular act / thing”
• Characteristic features of Injunction
1. Judicial process contained in an order
/decree
2. Normally it restrains / prevents – may also
command
3. Restrained act is a wrongful act
4. • Sec 37 & 38 – Two types of Injunctions
i. Temporary-remain in force for specified time
- granted at any stage of suit
- governed by O39 Of CPC & not
Specific Relief Act
ii. Perpetual – given after final hearing of court
- it perpetually prohibits
defendant from asserting or committing an
act which is contrary to Plaintiff’s right.
• E.g.bell ringing
5. Mandatory Injunction – sec.39
• At times , to prevent breach of an obligation it is
necessary to compel performance of certain acts which
court is capable of enforcing
• Here- court may grant Injunction
a. To prevent such breach &
b. To compel performance of the requisite acts
case – Lane Vs Newdgate
lease of land for erecting Mills –bound to supply water
from reservoir on own land- not repair water works -
lock
6. • Section 20 (A) – inserted by Amendment Act
2018
• It states the special provisions for Infrastructural
Projects
• It bars grant of Injunction with respect to certain
specified infrastructure projects
• “Infrastructure Projects” has been defined to
include scheduled categories of projects such as
transport, energy, water & sanitation ,
communication, social & commercial
infrastructure
• This insertion is result of sentiments that public
infrastructure work should continue without
interruption or delay
7. • Section -20(B) – was inserted to establish Special Courts
for contracts related to Infrastructure projects
• Done for speedy disposal of cases
• Section 41(ha) has been inserted- to add to the list of
provision regarding when court can refuse Injunction
• Court can refuse Injunction when it would impede or
delay the infrastructure project
• This amendment is in consonance with section 20A
• The legislature has given prime importance to the
infrastructure projects as due to these suits & injunctions
the projects remain incomplete & it affects the general
public.
• In furtherance to Sec. 41 , a schedule has been inserted
which lists down the categories of projects &
infrastructures which are covered by sec. 20A & Sec. 41(ha)
will be applicable to all the things mentioned in the
schedule
