What is an Injunction Restraining Nuisance?
An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act or to permit his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action fit law. An injunction may be issued for and against individuals, public bodies, or even the State. A civil suit is an effective legal remedy by any person against the other seeking a Leif of restraint under the facts when any mischief of the other person aggrieves the person approaching the court.
The Injunction may be temporary or permanent as per Specific Relief Act. In some cases, an Injunction will not be issued. Circumstances in which an injunction will not be issued are:
(i) where damages are the appropriate remedy,
(ii) where an injunction is not the appropriate relief,
(iii) where the plaintiff is not entitled to an injunction on account of his conduct,
(iv) where the contract cannot be specifically enforced,
(v) where the injunction would operate inequitably.
Need For an Injunction Restraining Nuisance?
In the case of a public nuisance the Advocate General or With the leave of the court two or more persons, even though no special damage has been caused, can for a declaration and injunction or for such other relief as may be appropriate to the case circumstances. An injunction, by its very name, means preventive relief. The grant of an injunction is an equitable remedy that prevents a defendant party from doing certain demonstrations or certain acts or makes them do such acts so that they are not bothersome or do not cause any nuisance to the plaintiff.
FAQ For an Injunction Restraining Nuisance?
Q1. What are the 3 grounds of injunction?
Ans – Prerequisites for an injunction include a prima facie case, balance of convenience, and irreparable loss. Grounds for not granting include a multiplicity of proceedings and lack of personal interest. Legal advice is recommended for specific cases
Q2. What are the three essentials of injunction?
Ans – That is, (1)it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction. (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money. (3) The balance of convenience favors the one seeking such relief.”
Q3. What is an injunction Why is it important?
Ans – Injunctions are also used by a court when monetary restitution isn’t sufficient to remedy the harm.
Q4. What are the golden rules of injunction?
Ans – The golden principles of temporary injunction status quo in the Indian judiciary involve considering the prima facie case, balance of convenience, and irreparable injury. The objective is to preserve the matter in dispute in its current state until the case is finally decided.
Injunction Restraining Nuisance
In the Court of ………………………………..
KK……………………………………………….resi…….. …………………. Plaintiff
against
GM………………………………………………. Resi……. ……………….. Defendant
KK…………………, the above-named plaintiff, states as follows:-
1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the PLOT No………. Mall road Shirdi].
2. The defendant is, and at all the said times was, the absolute owner of…….. [a plot of ground in the same ……………………………….. ].
3. On the …… day of…… /……. . .. , the defendant erected upon his said plot a slaughter-house, and still maintains the same; and from that day until the present time has continually caused cattle to be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said house of the plaintiff].
[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent the same.]
[i. Facts showing when the cause of action arose and that the Court has jurisdiction. ]
ii. The value of the subject-matter of the suit for the purpose of jurisdiction is …………….Rupees and for the purpose of Court-fees is …………….Rupees.]
5. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance.
Dated :
Plaintiff
Through, Advocate
Verification:
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at SHIRDI this ______.
Plaintiff
