Most Important Case Law Related To Injunction Under CPC.

Dalpat Kumar v. Prahlad Singh (1992)1 SCC 719 has been pleased to dilate upon this issue of all three ingredients for grant of an injunction viz. a. viz the conduct of the party seeking such an injunction in the following terms:"the phrases "prima facie case", "balance of convenience" and "irreparable loss" are not rhetoric phrases for incantation but words of width and elasticity, intended to meet myriad situations presented by men's ingenuity in given facts and circumstances and should always be hedged with sound exercise of judicial discretion to meet the ends of justice. The court would be circumspect before granting th injunction and look to the conduct of the party, the probable injury to either party and whether the plaintiff could be adequately compensated if injunction is refused. The existence of prima-facie right and infraction of the enjoyment of his property or the right is a condition for the grant of temporary injunction. Prima-facie case is not to be confused with prima-facie title which has to be established on evidence at the trial. Only prima-facie case is a substantial question raised, bona fide, which needs investigation and a decision on merits. Satisfaction that there is a prima facie case by itself is not sufficient to grant injunction. The court further has to satisfy that non-interference by the court would result in "irreparable injury" to the party seeking relief and that there is no other remedy available to the party except one to grant injunction and he needs, protection from the consequences of apprehended injury or dispossession. Irreparable injury, however, does not mean that there must be no physical possibility of repairing the injury but means only that the injury must be a material one, namely one that cannot be adequately compensated by way of damages. The balance of convenience must be in favour of granting injunction. The court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted. If on weighing competing possibilities or probabilities of likelihood of injury and if the court considers that pending the suit, the subject matter should be maintained in status-quo, an injunction would be issued. The court has to exercise its sound judicial discretion in granting or refusing the relief of ad-interim injunction pending the suit.