Injunction when refused

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Injunction when refused

Unread postby Admin » Thu Jan 24, 2013 1:12 pm

Injunction when refused
An injunction cannot be granted-
(a) to stay 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;
(b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;
(c) to restrain persons from applying to any legislative body’
(d) to interfere with the public duties of any department of the Federal Government, or any Provincial Government, or with the sovereign acts of a Foreign Government;
(e) to stay proceedings in any criminal matter;
(f) to prevent the breach of a contract the performance of which would not be specifically enforced.
(g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(h) to prevent a continuing breach in which the applicant has acquiesced;
(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(j) when the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the Court;
(k) where the applicant has no personal interest in the matter.

Illustrations
(a) A seeks an injunction to restrain his partner B, from receiving the partnership debts and effect. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The Court will refuse the injunction.
(b) A manufactures and sells crucibles, designating them as ‘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 an article called ‘Mexican Balm, ‘ stating that it is compounded of diverse rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a 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 nothing but scented hog’s lard. A’s use of his description is not an honest one and he cannot obtain an injunction,
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