other party before seeking discretionary relief of injunction. The plaintiff claiming the relief of perpetual injunction has to establish the breach of obligation or infringement ... Bench are applicable in all force where the relief sought for is the equitable relief of injunction.
11. Further, the fact that the plaintiff failed
which, the
respondent-plaintiff applied for several equitable reliefs, including
the relief of temporary injunction. Subsequent explanation to the
effect that the aforesaid averments mean ... which, respondent-plaintiff has applied for several
equitable reliefs including interalia the relief of temporary
injunction. All the three statements in paragraph
failed to establish prima facie case
to grant them the equitable relief of injunction against the
defendant. Mr. Trivedi has drawn attention of this Court ... this Court had denied the interim injunction to the
plaintiff seeking relief of interim injunction, which is equitable in
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unclean hands and hence, she is not entitled for the
equitable relief of injunction against the true owner i.e., the
defendant No.1. Hence ... relief of injunction could not be conferred under
Sections 38 and 39 of Specific Relief Act.
17. Even under Section 41 of Specific Relief
respondents so as to disentitle the respondents to the equitable relief of injunction. The respondents had served notice upon the appellants on acquiring the knowledge ... establishing common reputation the Respondent are not entitled to the equitable relief of injunction, I find no merit in the submission made. Indeed
entitled him in law to the benefit of the equitable relief of injunction.
22. The learned counsel Shri Swamy then urged that on account ... this Court that the Court would not grant the equitable relief of injunction in favour of a trespasser as against the true owner
primary relief claimed is a mandatory injunction and the injunction having been originally an equitable relief and subsequently the grant thereof being in the discretion ... damages to the plaintiff instead of granting a mandatory injunction having been originally an equitable relief and subsequently the grant thereof being in the discretion
such is fact, when plaintiff is coming before Court claiming
equitable relief like injunction, he has to prima facie show some rights to
claim relief ... behalf of plaintiff to
entitle him for such equitable relief like injunction.”
The order of dismissal of Notice of Motion was challenged by filing Appeal
thing to status-quo
ante. As per H.C.Joycee- Injunction is an equitable relief to
remedy by preventing wrongs and preserving rights; same also ... Court in exercise of the judicial discretion of
the equitable relief for injunction to grant or not, must look into
the conduct of the parties
case where the District Court declined to
grant equitable relief of temporary injunction preventing alienation
on the ground that the plaintiff will be adequately protected ... provisions of Section 52 of
the said Act of 1882, equitable relief of temporary injunction need
not be granted.
25 Where there is an apprehension
