Manadatory Injunction

In this Forum of Law, we will post the laws and discuss about the specif Relief Act and related law including the Temporary and permanent Injunction laws, Recovery matters, Declaration, Cancellation and specif Relief.

Manadatory Injunction

Unread postby Admin » Tue Jul 31, 2012 12:06 pm

Manadatory Injunction

Under section 55 of the specific Relief Act 1877 the Mandatory Injunction can be granted when to prevent the breach of any obligation. it is necessary to compel the performance of certain acts which the court is capable of enforcing the court bay in its discretion grant an injunction to prevent the breach complained of ans also to compel performance of the requisite acts.

A court may in an exceptional case through an interim mandatory injunction may restor possession of dispute property but this cannot be done as a matter of course.One of the those cases consisted of willful disregard of order tending to alter the postion or sttus of parties to judical dispute while another comprised of like change recklessly and wantonly brought about.

interlocutory mandatory injunction is to be granted rarely in a case where withholding of such injunction would result into serious miscarriage of justice. Injunction to prevent the breach of an obligation can not be granted by way of interim relief as a grant of such relief would tantamount to a grant of final relief which would seriously prejudice the defendant.
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