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Showing posts from March, 2023

Law of Injunctions - Sec 54 of the Judicatue Act - Sec 662 of the CPC discussed

In terim in junction is an equitable remedy and is not available as of right, such i njunction will be granted at the discretion of the court. The effect and the purpose of such injunction is to preserve the status quo of the subject matter of the action unti l the final judgment is delivered. The Civil Procedure Code has dedicated its Chapter XLVIII for the procedure relating to applications for injunctions. Section 662 is the first section in that Chapter which is as follows.   662. Every application for an injunction for any of the purposes mentioned in section 54 of the Judicature Act, except in cases where an injunction is prayed for in a plaint in any acti on, shall be by petition, and shall be accompanied by an affidavit of the applicant or some other person having knowledge of the facts, containing a statement of the facts on which the application is based. Section 662 is followed by few other sections in that Chapter and they form the procedure to be followed whe