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DEPARTMENT - SCHOOL OF LAW

COURSE PACK
for
LAW OF INJUNCTIONS - BBL8E3A

BBL8E3A - LAW OF INJUNCTIONS

Total Teaching Hours For Semester :

60 No of Lecture
Hours/Week : 5

Max Marks :
100
:4

Course Description and Course Objectives:

The focus of this course in on the study of the concept of ‘Injunction‘ and the general principles governing the Law on Injunction. The course is
designed to enable the students to understand the basic philosophy of remedial law and its nuances. In Unit 1, students will be introduced to the
origin of law of injunctions as well as definition, kinds of injunction & the general principles relating to injunction. Unit 2 will provide details of
laws & principles governing temporary injunction. In Unit 3, students will learn about the provisions of Specific Relief Act dealing with perpetual
injunction. In Unit 4, principles governing mandatory injunction and the challenges of implementing it are dealt with. Unit 5 deals with rules of
injunction in context of specific legal relationships such as landlord-tenant, partnership, easement, IPR laws etc.
Course Objectives:
1. To learn about the origin of law of injunctions from Common law principles, definition & kinds of injunctions
2. To understand the principles governing temporary injunction
3. To know about the statutory provisions relating to perpetual injunction
4. To learn about the challenges of implementing order of mandatory injunction
5. To understand the application of injunction principles to specific legal relationships such as contractual, landlord-tenant, partners,
easements etc

Course Outcomes

At the end of this course, students will be able to:

1. describe the origin of law of injunction, definition & kinds of injunction
2. explain the general principles governing injunction in Indian laws
3. apply principles governing temporary injunction to simulated problems & evaluate the possibility of grant of temporary injunction
4. analyse the practical use of perpetual injunction
5. analyse the challenges of obtaining & implementing mandatory injunctions
6. apply general principles of injunction to specific legal relationships & transactions

Unit-
1
Hours:10

INTRODUCTION TO LAW OF INJUNCTION

Origin of Law of Injunction, Practice of Courts prior to the Judicature Act, 1873, Application of English Law to India, Purpose of granting
Injunction, Definition of Injunction, Jurisdiction of Courts, Kinds of Injunctions, General Principles governing the grant of Injunction.

Unit-
2
Hours:14

TEMPORARY INJUNCTION

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Nature of Temporary Injunction, Object, Temporary Injunction in CPC, Principles governing grant of Temporary Injunction, Status Quo, Quia
Timet Action, Threat and Injury, Prima facie Case, Balance of Convenience, principles of Equity, Equitable Estoppels, Existence of other
alternative Remedy, Effect of Temporary Injunction, Inherent Power of Courts in Granting Temporary Injunction, Police Aid in implementing
Temporary Injunction, Infructuous Injunction

Unit-
3
Hours:14

PERPETUAL INJUNCTION

What is perpetual injunction, when it can be granted, when it cannot be granted, the Guiding principles in issuing Injunction, who can seek this
Remedy, Execution of Injunction Decree

Unit-
4
Hours:8

MANDATORY INJUNCTION

Introduction, Discretion of the Courts in granting Mandatory Injunction, Delay and Acquiescence, Illustrative Cases of Mandatory Injunctions,
When it can be sought for, Suspension

Unit-
5
Hours:14

INJUNCTION IN DIFFERENT STATUTES

Injunction and Law of Contracts, Injunction between Landlord and Tenant, Injunction against co-sharers and Partners, Injunction and Easement
Law, Injunction and IPR Laws, Injunction and Company Law, Injunction and Banking Laws, Injunction and Cyber Crimes, Injunction and
Defamatory Laws, Injunction and Land Laws etc

Essential References:

Nelson : Law of Injunctions, 7th edn., Delhi Law Hose, New Delhi.

G. S. Gupta : Law of Injunctions, 8th edn., Delhi Law Hose, New Delhi

C.M. Row, Law of Injunctions, 9th edn., Universal Law Publishing Co. New Delhi.

Recommended References:

abel Parry, Andrew Burns. Injunctions, Sweet and Maxwell Ltd

even Gee, QC. , Gee on Commercial Injunctions: (formerly Mareva Injunctions and Anton Piller Relief), Sweet and Maxwell Ltd.

it Sengupta , Goyle's Law of Injunctions, 4th edn., Eastern Book Com

Evaluation Pattern

CIA I – Class Test / Assignment – 10%

CIA II – Mid Semester Examination – 25%

CIA III – Research Paper/Assignment with Viva – 10%

Attendance – 05%

End Semester Examination – 50%

TOTAL 100%

Teaching Learning Enhancement Cell

COURSE PLAN CRIMINAL LAW II

The course plan should include the following details:
SECTION I

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BALLB/
Class Semester VIII
BBALLB

Course Code BAL/BBL863A Course Title Law of Injunctions

Hours 60 Hours per week 5

Contact details
Faculty name Sawmya Suresh (email, Cabin No, Sawmya.suresh@christuniversity.in
Office Hours)

Credits 4 Course Type Core

Students are required to maintain decorum of the class

Students are required to mandatorily read caselaw, article or other material specified by faculty for
particular classes
Students can approach the faculty in the respective facultys cabin during 3.30pm to 4.30pm Monday-
Class policies and guidelines Friday
All students must attend any additional classes as instructed by the faculty
All students should strictly adhere to rules of the University in class

This course introduces students to the procedural rules that govern the civil litigation is conducted in the
courts. The course contains an overview of the entire body of rules of civil proceedings related to granting
injunction ranging from commencement of proceedings, to defining issues for trial, to enforcement of
judgments. There is particular emphasis upon jurisdiction of various Indian Courts and stages of civil
cases in Indian Courts especially connected with injunction.
Course Description
Unit 1 is designed to give an introduction to Law of Injunctions. Unit 2 is to acquaint students with
procedure for temporary injunction. Unit 3 is to introduce students to perpetual injunction. Unit 4 is
designed to equip students with grant of mandatory injunction. Unit 5 is to introduce students to
Injunction in different Areas of Law.

To make the students understand the concept of Injunction and the general principles governing the
Law of Injunctions.
To familiarise the students with the substantive law relating to actionable claims.
Course Objectives
To enable the students to basic philosophy of remedial law and its nuances.
.

At the end of the course, the student will be able to;

CO 1 - Identify the basics of procedural aspects in Law of injunction.
CO 2: Analyse the Procedure of grant of injunction in different circumstances
Course Learning Outcomes
CO 3: Apply the procedural laws to hypothetical or real-life problems in the grant of injunction
CO 4: Evaluate the co-relationship of the injunction with the substantive and procedural laws.

SECTION II

Hours Units Heading Details Teaching Method / Reference / Reading

Evaluation Method
Definition and nature of injunction C.M.Row, Law of
Introduction to Law of Objective and purpose Injunctions, 9th ed.,;
5 I Origin of law of injunctions Lecture
Injunctions Nelsons Law of
Kinds of Injunctions
Injunctions, 7th ed.,;
C.M.Row, Law of
Injunctions, 9th ed.,;
Shelfer v City of London
Electric Lighting Co.,
Introduction to Law of Mareva Injunction Case Study, Student (1895);
5 I Injunctions Jurisdiction of Courts Presentation, Lecture
BALCO v Kaiser
(2012);
Mareva Naviera v
International Bulk
Carriers (1980)
5 I Introduction to Law of General Principles governing Student Seminar & Class The Death of Irreparable
Injunctions injunction Discussion Injury, Douglas
Laycock, 103 Harv Law
Review, 1989-90;

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Nelsons Law of
Injunctions, 7th ed.,
Civil Procedure,
C.K.Takwani, 9th ed.,
Indian Law Order 39 CPC
Dalpat Kumar v Prahlad
3-pillar test
Lecture/Caselaw discussion/ Singh (1993);
5 II Temporary Injunction Prima facie case
Irreparable inury Writing Exercise Gujarat Bottling Co v
Balance of Convenience CocaCola (1995);
Best Sellers v Aditya
Birla (2012)
Nelsons Law of
Injunctions, 7th ed.,;

UK laws
American Cyanamid v Ethicon case
US laws
5 II Temporary Injunction
Preliminary Injunction
Sliding scale test
Lecture/Case study/ Student
Seminar
American Cyanamid v
Ethicon (1975);
Reconciliation after
Winter: Standard for
Preliminary Injunction,
Bethany Bates, 111
Columbia Law Review,
2011;

Winter v Natural
Research Defense
Council (2008)
Nelsons Law of
Injunction, Vol. 1, 7th ed.,
Law Publishers (India)
Pvt Ltd., 2015, pg225-
278;
Meaning
5 III Perpetual Injunction Governing principles Lecture / Case study Gramophone Company
of India Ltd v Shanti
Films Corporation
(1997);
Ramji Rai v
JagadishMallah (2007)
S.C. Banerjee Law of
Specific Relief, 13th ed.,
Locus standi Universal Law
5 III Perpetual Injunction Specific Relief Act section 37, 38 Lecture Publishing, 2015, pg
Order 21 CPC 890-926;
Civil Procedure, C.K.
Takwani, 9th ed.
C.M. Row, Law of
Injunctions, 9th ed.,
Universal Law
Publishing, 2013, pg440-
Meaning and nature 470;
5 IV Mandatory Injunction Governing principles Lecture Civil Procedure, C.K.
Temporary mandatory injunction Takwani, 9th ed.;
Kerr on Injunctions, 6th
ed., Universal Law
Publishing, 2008, pg 40-
45
Civil Procedure, C.K.
Takwani, 9th ed.;
Temporary Mandatory Injunction
Specific Relief Act Section 39 S.C. Banerjee Law of
5 IV Mandatory Injunction Lecture / Discussion Specific Relief, 13th ed.,
Delay and acquiescence
Universal Law
Publishing, 2015, pg
1057-1066;
Jackson v Normanby
Brick Co., [1899];
Durell v Pritchard;
Suspension of mandatory
injunction State Bank of India v
5 IV Mandatory Injunction Powers of court in mandatory Lecture/ Case study Glavkosmos 1998;
injunction
Nelsons Law of
Injunction, Vol. 1, 7th ed.,
Law Publishers (India)
Pvt Ltd., 2015
5 V Injunction in different AreasInjunction in contract cases Lecture/Discussion C.M. Row, Law of
of Law Injunctions, 9th ed.,

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Injunction in landlord-tenant Universal Law

disputes Publishing, 2013, pg
Injunction against partners 515-521, 549-556, 649-
658, 694-715, 773-810,
858-886, 908-958;

Nelsons Law of
Injunction, Vol. 1, 7th ed.,
Law Publishers (India)
Pvt Ltd., 2015, pg 418-
468, 568-623;

Rethinking Injunctions
in Tort Law, John
Murphy, Oxford Journal
of Legal Studies, Vol.
Injunction in Torts 27, No. 3 (Autumn
Injunction in different AreasInjunction for easementary & other 2007);
3 V Lecture
of Law rights
Kerr on Injunctions, 6th
ed., Universal Law
Publishing, 2008, pg89-
99, 131-158, 306-320,
335-389

Worldwide Mareva
Injunctions, David
Capper, The Modern
Injunction in company matters Law Review, Vol 54, No.
Injunction in different Areas Injunction in IPR cases 3 (May 1991);
5 V of Law Lecture/Case study
Injunction against cyber crimes
AntonPiller KG v
Manufacturing Processes
Ltd (1976);

Hero Vinoth 2006

CIA- 3 presentations

Revision

SECTION III
Course Outcomes and Programme Outcome Mapping

Programme Outcomes
Course Outcomes
PO1 PO2 PO3 PO4 PO5 PO6
CO 1 - Identify the basics of
procedural aspects in Law of 3 1 - 1 - -
injunction.

CO 2: Analyse the Procedure of grant

of injunction in different 3 2 1 3 - 3
circumstances

CO 3: Apply the procedural laws to

hypothetical or real-life problems in
the grant of injunction 2 3 - 3 - 1

CO 4: Evaluate the co-relationship of

the injunction with the substantive and 2 2 - 3 - 3
procedural laws .

Course Outcome and Continuous Internal Assessment Mapping

Components of assessment (examples given below)

Learning Outcomes of the course
CIA I CIA II CIA III ESE
CO 1 - Identify the basics of procedural aspects in Law of
injunction. 8 10 5 20

CO 2: Analyse the Procedure of grant of injunction in different

circumstances 5 10 5 30

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CO 3: Apply the procedural laws to hypothetical or real-life

problems in the grant of injunction 5 15 5 30

CO 4: Evaluate the co-relationship of the injunction with the 12 15 5 20

substantive and procedural laws .

SECTION IV
Assessment Description: Students are assessed on their understanding of the concept taught, their ability to solve hypothetical problems and their
drafting skills in the given area.
Individual Assignment Details: CIA I
Assignment description: CIA 1 is a class test of 20 marks. Students will be given hypothetical problems based on the concepts taught. Students
must bring their own sheets and necessary stationery with them on the examination date. Absenteeism would be viewed seriously. Students should
inform faculty beforehand in such cases, or any repeat exams/ late submissions will be assessed only out of 15 marks. Students are allowed to use
Bare Act during the exam.
Learning outcomes: Students would be able to understand the basic concepts of Law of injunction
Evaluation Rubric/s:

4 2 1

State the relevant

facts of the The relevant facts are The relevant facts identified is Relevant as well as No identification of
hypothetical identified incomplete irrelevant facts identified relevant facts
problem

Identification of Most effectively identifies Identification of issues is correct, but Identification of issues is
issues the issues involved in the irrelevant issues also added incomplete and vague No issues identified
problem.

Identification and Identification of legal Approach to the legal

Application of Most effectively identifies Identifies the basic legal provision provision with confusion or provision generally and
relevant legal the correct legal provision/s lacks clarity. vague
principles

The use of Precedents identified as Precedents applied to the hypothetical Precedents identified only
precedents well applied to the problem No precedents identified
hypothetical problem

Organization is most cogent The organisation is most cogent The basic organisation is The work is unfocused
Analysis and transitions between facts, transitions between facts, issues, law evident, and transitions are and poorly organized,
Structure of the issues, law and analysis and analysis most adequately with a correct. But at times, lacks logical and legal
answer most adequately with the consistent, appropriate format. But inconsistent sources are not connection, and is
consistent, appropriate few problems with any components cited or not mentioned the inconsistent and
format. or sources are not cited properly. sources. distracting.

Conclusion Strong findings with Sufficient findings but inadequate Findings no relevance with No findings and
adequate justification justification justification conclusion

CIA III
Assessment Description: CIA 3 Research Paper- Case Analysis of trial court Judgements
Each student is required to collect the trial court judgement of any district in the respective states. The judgement should not be less than 15
pages. The students have to go through the judgement and to analyse about the facts, issues, law, analysis and communication.
Submission guidelines:
Format: MS Word or PDF

Mode of submission: uploaded on Google Classroom

Font: Times new roman, size 12, line spacing 1.5, justified margins

Tentative Date: to be decided

Learning Outcomes:
After the assignment, student will be able to:
Identify the litigative aspects of injunction application before the civil court
Apply the provisions of CPC and relevant statutes to hypothetical situations
Construe IA before the civil court and justify the content of the documents on basis of CPC provisions
Evaluation Rubric/s:

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4-3 3-2 2-1 1-0

Identifies and Identified and Identifies and Identifies and understands
Identification of the main issues understands all of the understands most of understands some of few of the issues in the
main issues in the case the main issues in the issues in the case case analysis
analysis the case anlaysis analysis
Insightful and Thorough analysis Superficial analysis of Incomplete analysis of the
Analysis of the key issues thorough analysis of of most of the some of the issues in issues
all the issues issues the case
Identifies and Identifies and Identifies and
understands all of the understands most of understands some of Identifies and understands
Construing the law main application of the main the application of law few of the application of
law in the case application of law in the case analysis law in the case analysis
analysis in the case analysis
Excellent conclusion Good conclusion Limited conclusion Incomplete conclusion
Conclusion into the issues with into the issues with into the issues with into the issues with few
clear reasons clear reasons clear reasons reasons

Code of Research Conduct and Ethics:

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