Judicial Dictionary - I

Judicial Dictionary


Legislative Dictionary


Injunction

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CategoryI
TitleInjunction
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Injunction is a Court order commanding a person or entity to perform or to refrain from performing a certain act, or otherwise be found in contempt of court. The person seeking the injunction must show that an irreparable injury will result unless the injunction is granted. In brief, it is a judicial process or order requiring the person to whom it is directed to do or refrain from doing a particular thing.

Long possession even against a rightful owner, injunction will lie- Rightful owner can not evict him by force but will have to establish is right by due process in court of Law. [Md. Gafar vs. Azimudin (1984) 36 DLR 242]

In a suit for permanent injunction the plaintiffs are required to prove their exclusive possession in the suit land and a prima face title. [Md. Gafar vs. Azimudin (1984) 36 DLR 242]

See, Sections 52 to 57 of the Specific Relief Act, 1877 and Order XXIX of the Code of Civil Procedure, 1908 (v of 1908).

Created OnApril 23, 2011, 9:54 AM
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