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Documents citing Bheekam Chand vs Ismail And Anr. on 4 August, 2005

Smt. Asha Arora vs Smt. Meenakshi on 7 April, 2022

18. Injunction is an equitable relief governed by Section 38 of the Specific Relief Act 1963 which provides that it may be given to prevent the breach of an obligation existing in the favour of the person claiming it. Thus, in order to be successful in the claim for the aforesaid permanent injunction, the plaintiffs must not only show that there exists a right in their favour, they must also prove that such right is being, or is threatened to be, infringed by the defendant. The threat of infringement should be actual and real, and must not be fanciful. An injunction is granted only when the injury to the rights of plaintiffs is reasonably expected and it cannot granted against the defendant to restrain him or her from doing any act which he or she she neither attempting not intending to do. Thus, CS No. 111/17 injunction cannot be given to assuage mere unfounded apprehensions of threat of injury. There must be at least a reasonable probability that the injury will be caused if no injunction is granted. Reliance in this regard may be placed on Sohan Singh v. Jhaman (P&H) 1986 R.R.R. 579 and Bheekam Chand v. Ismail AIR 2006 Raj 1.
Delhi District Court Cites 13 - Cited by 0 - Full Document
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