Injunctions MCQ Quiz in বাংলা - Objective Question with Answer for Injunctions - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct option is Either temporary or perpetual.

Key Points

• Section 37: Temporary and perpetual injunction
  • ​ Section 37(1):
    • Temporary injunctions are such as are to continue until a specified time or until the further order of the court.
    • They may be granted at any stage of a suit and are regulated by the Code of Civil Procedure of 1908 (5 of 1908).
  • Section 37(2): 
    • A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from the assertion of a right or from the commission of an act, which would be contrary to the rights of the plaintiff.
• Temporary or interlocutory injunctions are to continue temporarily either until a specified time or until further order of the court.
  • It is only provisional.
• Case:-
  • Ram Kishun v. Jamuna Prasad (1951) 6 DLR 22
    • There may be an order to preserve the property until the final hearing of the case.
    • The object may be to maintain the status quo.
    • So that the alleged harm is avoided, which could otherwise occur until the case is finally disposed of by the court on merits.
  • Bruce v. Selvaraj (1987) SCC 161
    • A person filing a suit for injunction can succeed only when he has the property.
    • If he does not have the property, or adverse possession has not been confirmed an injunction cannot be issued in his favour.
  • Kallappa and Lunda Ram v. Shivappa Aparaj, AIR 1995
    • Where the plaintiff has the property the possession is not illegal and there is no evidence that the possession before the suit has been obtained by unfair means, an injunction, without declaration can be issued.

The correct option is Either 1 or 2.

Key Points

• Temporary injunctions:-
  • The primary purpose of temporary or interim sometimes referred to as interlocutory injunctions is the preservation of the status quo of the property (subject-matter) in dispute until the legal rights and conflicting claims of the parties before the court are adjudicated.
  • Section 37(1) defines temporary injunctions as those that continue until a specific time or until further orders of the court and they may be granted at any stage of a suit and are regulated by the Code of Civil Procedure of 1908.
  • Thus, the procedural requirements to be fulfilled for granting temporary injunctions and interlocutory orders are determined in Order XXXIX, Code of Civil Procedure of 1908:
    • That in any suit it is proved by affidavit or otherwise.
    • That the property constituting the subject matter of the suit is under the apprehension of being wasted, damaged alienated or illicitly sold in the execution of a decree, by any party to the suit.
    • That the defendant threatens or intends to remove or dispose of his property with the intent to defraud his creditors.
    • That the defendant threatens to dispossess the plaintiff or cause any injury to him concerning the property (subject-matter) of the dispute.
  • The court may then after being satisfied that any one of such circumstances is existing or prevailing, may pass the order of injunction until further notice or until the disposal of the suit, as it deems fit.

The correct option is Either by temporary or perpetual injunction

Key Points

• Preventive relief is a relief by which a person is prevented from doing an act, which he is not validly liable to do.
  • Example:-
    • A is constructing a wall on B's land. At the suit of B by providing him preventive relief A can be prohibited to do so because A is not legally liable to do so.
• Thus when the court prevents a party from doing that which he is under an obligation not to do it is called preventive relief.
• Such relief is usually granted to prevent a breach of contract or the violation of rights arising otherwise than by contract.
• Preventive relief is typically granted through the standard mode of injunction.
• According to Section 36, the Specific Relief Act of 1963 defines that “preventive relief is granted at the discretion of the court by injunction, temporary or perpetual”.
• An injunction is a judicial process whereby a party is ordered to refrain either from doing a particular act or omission or directed to do a particular act or omission.
• Temporary injunctions:-
  • The primary purpose of temporary or interim sometimes referred to as interlocutory injunctions is the preservation of the status quo of the property (subject-matter) in dispute until the legal rights and conflicting claims of the parties before the court are adjudicated.
  • Section 37(1) defines temporary injunctions as those that continue until a specific time or until further orders of the court and they may be granted at any stage of a suit and are regulated by the Code of Civil Procedure of 1908.
• Perpetual injunctions:-
  • Section 37(2) states that perpetual injunctions are granted by way of a decree, as it is supposed to be final, creating an obligation on the defendant to either restrain from doing an act or an omission or compel him or her to act or omit.
  • Thus, the defendant is enjoined with the assertion of the right of the plaintiff, failing to abide by it or act contrary to it will result in infringement of the plaintiff’s right.

The correct answer is Option 2. 

Key Points

• As per section 36 of the Act, Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.
• Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.
• A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

The correct answer is Option 3.

Key Points

• Section 41 of the Specific Relief Act outlines the cases where an injunction can be granted.
• An injunction cannot be granted-
  • (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought,
  • (b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought,
  • (c) to restrain any person from applying to any legislative body,
  • (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter,
  • (e) to prevent the breach of a contract the performance of which would not be specifically enforced,
  • (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance,
  • (g) to prevent a continuing breach in which the plaintiff has acquiesced,
  • (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust,
  • (ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto,
  • (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court,
  • (j) when the plaintiff has no personal interest in the matter

The correct answer is Option 1

Key Points Section 38 and 39 of SRA, 1963

Section 38 - Perpetual injunction when granted.—
(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Section 39 - Mandatory injunctions .—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

See Section 41 of the Specific Relief Act. Injunction when refused.—An injunction cannot be granted—

(a) to restrain any person from prosecuting 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; 

(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought; 

(c) to restrain any person from applying to any legislative body;

(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;

(e) to prevent the breach of a contract the performance of which would not be specifically enforced;

(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(g) to prevent a continuing breach in which the plaintiff has acquiesced;

(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust

The correct answer is Section 42

 Key Pointssection 42 Injunction to perform negative agreement.—Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:

Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.

Explanation: An injunction is a court order that can be issued against individuals, public bodies, or the state. It can also be issued to prevent a wrongful act or to stop an act that is creating a nuisance. An injunction can be issued at any stage of a case. 

The correct answer is Option 4.

Key Points Section 39 in The Specific Relief Act, 1963
Mandatory injunctions.—

When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

In the case of, C. Kunhammad v. C.H. Ahamad Haji AIR 2001 Ker 101, the plaintiff alleged that the defendant to have trespassed by laying pipe line into the property owned by the plaintiff. It was prayed that mandatory injunction be given. It was held by the court & stated that the mandatory injunction be granted on the grounds of U/s. 39 of Specific Relief Act.

Additional Information

Injunction: 

•  An injunction is a remedy granted by the court that prohibits the commission of a wrong threatened or the continuance of a wrongful course of action already begun. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.

Types of Injunction
The following are the different types of the injunction:

• Preliminary injunction
• Preventive Injunction
• Mandatory injunction
• Temporary restraining order
• Permanent injunction

Preliminary Injunction

• A preliminary injunction, which is also known as an ad-interim injunction, is assigned to a plaintiff prior to a trial.
• Preliminary injunction preserves the subject matter in its existing condition to prevent any dissolution of the plaintiff’s rights, and thereby render him/her the possibility of immediate relief.

Preventive Injunctions

• A preventive injunction is an adjudication that forces an individual to abstain from doing an action that is preventive, prohibitive or negative.
• The injunction intends to prevent a threatened injury, preserve the status quo, and reserve the continued commission of an ongoing wrong.

Mandatory Injunction

• Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act.
• For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.

Temporary Restraining Order

• A temporary restraining order is just what its name suggests, as the same is valid until the period of restraining order draws to a closure.
• The court grants it to preserve the status quo of the subject of the controversy until the hearing of an application for a temporary injunction. Through it, it also seeks to prevent any instance of unnecessary and irreparable injury.

Permanent Injunction

• At the time of final judgement issues the permanent injunction for granting a final relief to the applicant.
• These injunctions remain constant if the conditions that produced them are permanent.