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1 - 7 of 7 (0.21 seconds)Maria Margadia Sequeria Fernandes & Ors vs Erasmo Jack De Sequeria (D) Tr.Lrs.& Ors on 21 March, 2012
13. Injunction is an equitable relief. The Court while
deciding/adjudicating an application for interim injunction must see
that by grant or refusal of the order of temporary injunction, the
equity is not disturbed. As rightly argued by Mr. Mohanty relying
upon the decision in the case of Maria Margarida Sequeria
Fernandes and Others (supra) as well as the decision in the case of
Smt. Laxmi Dei and another etc. (supra), grant or refusal of an
order of injunction in a Civil Suit is the most vital stage. Due care,
caution, diligence and attention must be bestowed by the Judicial
Officers and Judges while exercising such discretion, as it becomes a
nightmare for the party against whom the order of injunction is
passed to get it vacated or modified, if situation so warrants. At the
same time, the Court cannot be a silent spectator to the injustice
being perpetuated in the garb of adhering to the principles of law. In
the case at hand, the defendants-appellants cannot certainly claim
that they have freedom of expression and/or publication of news item
against the plaintiff and her family members, which are defamatory
or malicious in nature. Thus, the impugned order is equitable one.
Article 19 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 500 in The Indian Penal Code, 1860 [Entire Act]
Rbef (Ritnand Balved Education ... vs Mr. Alok Kumar on 3 July, 2006
In support of his contention, he
relied upon a decision in the case of Ratinand Balved Education
Foundation (supra). The said decision is not applicable to the case at
hand, because, the purported defamatory statements were allegedly
made against some members of the Executive Board of the plaintiff-
society and there was no such statement published against the
plaintiff-society. In the instant case, the purported news items were
published against the husband, father-in-law and family members of
the plaintiff.
Magna Publishers Co. Ltd. & Ors vs Shilpa S. Shetty on 14 December, 2007
In a decision in the case of Magna Publishing Co. Ltd. & Ors. Vs.
Shilpa S.Shetty, reported in AIR 2008 SC 681, the Hon'ble Apex
Court, while dealing with a matter relating to grant of interim order of
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injunction in a suit for defamation, held that while granting leave to
appeal, the prayer for grant of interim relief was refused and the
impugned order was operative. Thus, the Hon'ble Apex Court without
interfering with the impugned order of injunction directed for early
disposal of the suit. In the instant case, no interim order has been
passed by this Court while issuing notice in the matter of admission.
In other words, the impugned order continues to be operative till
date. Thus, the interest of justice would be best served, if a direction
is issued to dispose of the suit early.
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