Judicial Dictionary - M
Judicial Dictionary
Legislative Dictionary
Mandatory injunction
| Category | M |
|---|---|
| Title | Mandatory injunction |
| Details | Mandatory injunction requiring the performance of some specific act. An injunctive order issued by a court that compels affirmative action by the defendant. 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. [Section 55 of the Specific Relief Act, 1877] Mandatory injunction is an order of restraint- to prevent continuance of a mischief. If, in a case where an application for temporary injunction is pending, any party to the case in order to defeat the order of the Court which might be passed on such an application erected a wall with undue haste, the Court had inherent jurisdiction to issue a mandatory injunction ordering demolition of such a wall. [Abdul Jalil Munshi vs. Abu Bakr Sidddique, (1983) 35 DLR (AD) 42] |
| Created On | April 30, 2011, 5:42 AM |
| Hits | 666 |