Repealed or not in force · As amended up to 2026-08
PART III.
OF PREVENTIVE RELIEF.
CHAPTER `IS.`
52. Preventive relief i s glwntecl at thc discrction of the Court by injunction, temporary or perpetual. 53. Teniporary injunctions are such as are to continue until a a specifled limc, or uutil the furtlicr ordor or uutil the furtlicr ordor uutil the furtlicr ordor of the Cou~1;. They may be granted at any period of a suit, and are regulated by the Code of Civil Yrucedure.
preventive relief how granted. Temporary
Temporary injunctions. tinue until a a specifled limc, or uutil the furtlicr ordor or uutil the furtlicr ordor uutil the furtlicr ordor
A perpetual injunction can only be granted by the decree made at the Iiearing and upon the merits of the suit : the defendant is thereby perpetually enjoined from the assertion of a right, or from the commi~sion of an ant, which would b contrary to the rights of the plaintiff.
Perpetual injunctions.
54. Subject to the other ,provisions contained in, or referred to by, by, this chapter, a perpetual injunction may be granted to pevent the breach of an obligation existing in favour of the applicant, whether expressly or by irnpli~a~tion.
Perpetual rnjun"iOns when grant- when grant- ed.
rnjun"iOns when grant- when grantor referred to by, by, this chapter, a perpetual injunction
When sucb obligation arises from contraut, the Cowt shall bc guided by the rules and provisions contained in Chapter 11 of this Act.
TT7hen the defendant invacies or tllrealcns to invade the plnintiff's right to, or en joyment of, property, the Cou~t may grant a perpetual injunction in tlle following cases (nz~mcly) :-
(a) ~ ~ h e r thclefendant is trustee e uT lllc property for the i~laintiff ;
( b ) mhei3c
( B ) whcYc them exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion ;
(c) where the invasion is such that peouniary compensation would not afford adequate relief ;
(d) where it is probable that pecuniary compensation cannot be got for the invasion ;
(e) where the injunction is necessary to prevent a multiplicity of judicial proceedings. EXPLANATION.--For the purpose of this section a trademark is property.
(a). A lets certain land to B, and B contracts not to dig sand or gravel thereout. A may sue for an injunction to restrain B from digging in violation of his contract.
(6). A trustee threatens a breach of trust.
(6). A trustee threatens a breach of trust. His co-trustees, if any, shnnld, sand the beneficial owners may, sue for an injunction to prevent the breach.
(c). The Directors of a public company are about to pay a dividend out of capital or borrowed money. Any of the shareholders may sue for an injunction to restrain them.
(d). The Directors of a fire and life-insurance company are about to engage in ma~ine insurances. Any of the shareholders may sue for an injunction to restrain them.
(e). A, an executor, through misconduct or insolvency, is bringing the property of the deceased into danger. The Court may grant an injunction to restrain him from getting in the assets.
(f ). A, a trustee for B, is about to make an imprudent sale of a small part of the trust-property. B may sue for an injunction to restrain the sale, even though compensation in money would have afforded him adequate relief. -
(g). A makes a settlement (not founded 011 mqrriage or other valuable consideration) of an estate on B and his children. A then contracts to sell the estate to C. B or any of his children may sne for an injuuction to restrain the sale.
(h). I n the course of A's employment as a vakil, certain papers belonging to his client, 13, come into his possession. A threatens to make these papers public, or to communicate their contents to a strauger. B may sue for an injunction to restrain A from so doing.
(2) A
(R), A is R's medical adviser. H e denlands nlouey of B which 13 decliiles to pay. A theu thleatens to make 1;nown the erect of B's comn~unications to him as a patlent. This is contrary to A's duty, and `13` may sue for an il?ju~lction to restrain hi111 from so doing. -
( j ) . A, the owner of two adjoining houses, lets one to B ~ n d afterwards lets tlic other to C. A and C begin to make such alterations in the house let to C as mill prevent the comfortable enjoyment of the house let to B. B may sue for an in,junctioa to restrain them from so doing.
(k). A lets ceiatain arable lands to B for purposes ol' husl~anrlry, but without any express ooulracl as to the mode of cultivation. Contrary to the mode of cultivatiou, custonlary in the district, `I3` threatens to sow the lands with seed injurious thcrcto and requiring many years to eradicate. A may sue for w~ i~~.j~~nc t ,ion o restrain B from ~oming the lands in contravention of liis implied contract to use them in a liusbandlike manner. ( I ) . A, B and C are partners, the partnership being determinable a t will. A threatens to do an act tending to the destructior~ uC the partilership-propcrty. B 2nd C may, without seeki11.g a dissolution of the partnership, sue for an injunction t o restrain A from doing the act.
(nz). A, a Hind6 widow i n possession of her deceased husband's property, commits destruction of the prvl~erly witllout any cause sufficient to justify her in so doing. The heir-expectant may 3uc for fin in,jlinc:tion to restrain he.1,.
(n). A, B and C are members of an undivided Hind6 family. A cuts timber growing on the family-property, and threatens to destroy part of the family-house and to sell some of the familyutensils. B and C inay sue for an injunction to restrain him.
`(0).` A, the owner of certain houses in Calcutta, becomes insolvent. B buys them from the official assignee and enters into possession. A persists in trespassing on and damaging the houses, and B is thereby compelled, a t considerable expense, to employ men to protect the possession. B may sue for an injunctioll to restrain further acts of trespass.
(p). The inhabitants of a villagc clnim a right of way over A's land. I n a suit against several of them, A obtains a declaratory decrcc thnt his land is subject to no snc.11 right. Afterwards each of the other villagers sues A for ob~truct~iilig his alleged right of way over the land. A may sue for au il~jnllctioll to restrain them.
(q). A, in an adrni~listratioli-stlit lo whicl~ a creditor, B, is not a party, obtains a decrec for thc adnlinistration of C's assets.
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1877.1 Sjzc$c Relief. 39
B pyoceeds against C's estate for his debt. A may sue for an iqjunction to restrain B.
(r). A and B are in possession of contiguous lands and of the mines underneath them. A wol.ks his rr~ine so as to extend under B's mine aud threatens to remove certain pillars which help to support B's mine. I3 may sue for an injunction to restrain him from so doing.
(s). A rings bells or makes some other unnecessary noise so near a house as to interfere materially and unreasonably with the physical comfort of the occupier, B. I3 may sue for an in.junction restraining A from making the noise.
(t). A pollutes the air with smoke so as to interfere material!^ with the physical comfort of B and C, who carry on business i n a neigt~bouring house. H and C may sue for an injunction t o restrai~l tlie pollution.
( 1 4 ) . A infringes B's patent. I f the Court is satisfied that the patent is valid and has been infringed, B may obtain an injunction to restrain the infringement.
(v). A pirates B's copyright. B may obtain an injunetion to restrain the piracy, unless the work of which copyright is claimed is libellous or obscene.
(w). A improperly uses the trademark of B. B may obtaiu an ii~junction to restrain the user, provided that B's use of the trademark is honest.
`(2).` A, a tradesman, holds out B as his partner against the wish and without thc authority of B. B may sue for an ii~junction to restrain A from so doing.
`O/).` A, a very eminent man, writes letters on family-topics to B. After the death of A and B, C, who is B's residuary legatee, proposes to make money by publishing A's letters. D, who is A's executor, has a property in the letters, and may sue for an injunction to restrain C from publishing them. ( x ) . A carries on a manufactory and B is his assistant. I n the course of his business, A imparts to B a secret process of value. B afterwards demands money of A, threatening, in case of refusal, to disclose the process to C, a rival-manufacturer. A may sue for an injunction to restrain B from disclosing the process.
55. When, to prevent the breach of an obligation, ~ ~ it is necessary to compel the performance of certain injunctions. acts which the Court is capable of enforcing, the Court may in its discretioil grant an injunction to prevent thc breach complainecl of, and also to compel performance of the requisite acts.
Ilkst~utio~ts.
~
[ ACT I
`40`
SpeciJic IZelief.
Injunction when ref used.
( a ) . A, by new buildings, obstructs lights to the access and use of which B has acquired a right uilder the Iildiau Limitation ~ c t , Part ITT. B nlay obtain an iujunctiou, not ouly to restrain A from going on with the buildings, but also to pull down so mlloh of t,hem as nhstructs B's lights. (6). A builds `IL` house with eaves prjccting over BJs land. B may sue for an injuilction to pull do~vu so much of the eaves as so project.
(c) . 111 thc caw put as illuslraliun `(i)` to sri:l iou 64, tbc Court may also order all written commuuications made by B, as patient, to A, as llletlical adviser, to be destroyed.
(d). I n the case put as illustration (y) to section 54, the Co~irt may also order A's letters to be destroyed.
( e ) . A threatens to publisll statemeuts concerning B ~vhioh would be punishable under Chapter X X I of the Indian Penal Cocle. 'I'lie Court may grant an i~;junction to restrain the publication, even though it may be shown not to be injurious to B's property.
(f). A, being B's rr~e~lical adviser, thrcntcno t o publish H's written cot~iinunications with him, sl~owing that B has lod au i n 1 1 13 nay obtain an injunotion to restxnin the puhlicatioii.
(g). I n the caws ~ J L L ~ a ~ j illustrations `(z;)` and `(w)` to section 54, and as illustrations (e) and (f) to this section, the Cuurl may also order the copies produced by piracy, and the tl.adeiilarks, statements and communications, therein respectively mentioned, to be given up or destroyed.
56. An injunction cannot be granted-
(a) t o stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings ;
(6) to stay proceedings in a Court not subordinate to that from which the injullctioa is sought ;
(o) to 1.estl~ain pcrfiona from applying to any legislative body ;
(d) to interfere with the public duties of any department of the Government of India or the Local Government, or with the sovereign acts of a Foreign Governillent ;
to (4
1857,] X1~ecijc Belief. `4` 1
(e) to stay proceedings in any criminal matter;
(,f) to pyevent the breach of a contract the performance of which would not be specifically enforced ; `(g)` to pyevent, on the ground of nuisance, ar~ act of which it is not reasonably clear that it m7ill be a nuisance ;
`(12)` to prevent a continuing breach in which the applicant has acquiesced - ;
- (i) mhen equally efficacious relief can certaialy bc obtained by any other usual mode of pivcceding, except in case of breach of trust ;
( j ) mhen the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the Court ;
(Ic) where the applicant bas no personal interest in the matter.
Illzcst~.ations.
(a). A seelrs au injunction to restrain his partner, B, from receiving the partnership-debts and effects. It appears that A had improperly possessed himself of the boolrs of the firm and refused B access to them. The Court will refuse the injunction.
(b). A manufactures aud sells crucibles, designating them as c c patent plumbago crucibles," though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.
(c). A sells au article called (' Mexican Balm," stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. `Y` commences to sell a similar article to which he gives `n` name and description such as to lead people into the belief that they are buying A's Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A's Mexican Balm consists of uothi~lg but sceuted hog's lard. A's use of his description is not an honest one and he cannot obtain an injunction.
57. Notwithstanding section 56, clause (f ), where Injunctions a contract comnriscs an affirn~ative agreement to do u to perform a certdir act, co~&~led with a negative agreement, ex- :ze&,"ieeUt, press or implied, not to do a certain act, the circumstance that the Court is unable to compel specific performance of the affirinative agreenzent; shdl not i~rcclacle it froill granting an injunction to 11erfor111 t l ~ e
negative agreement; provided that the applicant has acsl Failed l o pe~form the cont~act SO far as it is binding on him.
(a). A contracts to sell to B for Rs. 1,000 the good-will of a certain business unconnected with business-premises, and further agrees not to carry on that business in Calcutta. B pays A the Rs. 1,000, but A carries on the business in Calcutta. The Court cnl~not compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in Calcutta.
(6). A contracts to sell to B the good-will of a business. A then sets up a similar business close by B's shop, and solicits his old customers to deal with him. This is contrary to his implied contract, and B may obtain an injunction to restrain A from soliciting the customers, and from doing any act whereby their good-will may be withdrawn from B,
(6). A contracts with B to sing for twelve months a t B's theatre and not to sing in public elsewhere. B cannot obtain specific performance of the contract to sing, but he is entitled to an i~ljnnction reslraining A from singing at any other place of public entertainment.
(d). B contracts with A that he will serve him faithfully for twelve months as a clerk. A is not entitled to a decree for specific performance of this contract. But he is eutitled to an injunction restraining B from serving a rival-house as clerk. (e). A coiltracts with B that, in c~nsiderat~ion of Rs. 1,000 to be aid to him by R on a day fixed, he will not set up a certain business within a specified distance. B fails to pay the money. A cannot be restrained from carrying on the business within the specified distance.
SCIIIZ DULE.
S C H E D U L E .
(See sectio?~ %.)
|Number and<br>year.<br>Subject.||Extent of<br>repeal.|Extent of|
|---|---|---|---|
|V I I I of 1859 Civil Procedure|.. .|. .Sections 15 and||
|||192.||
|XIVof1859 Limitation*.,<br>XXIII of 1861 Civil Procedure|...<br>...|...<br>(Section 15.<br>.../Section 26.||
|IX of 1872 Contract<br>. ..|...|...I nsection|28,|
|||the<br>second||
|||clause of|ex-|
|||ception1.|1.|
Source: India Code