Saturday, 28 July 2012

What is preventive relief and how its granted?

The concept of preventive relief in law

Preventive reliefs are of two types in the eyes of law. In Pakistan and India two enactments are dealing with these reliefs. These are the Specific Releif act, 1877 and the Code of Civil Procedure 1908. There can be some other enactments in other countries but the classification of preventive relief is almost same in all countries following the common law system.

Preventive relief how granted
52. Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual.

Temporary injunctions
53. Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the Code of Civil Procedure 1908 (V of 1908).

Perpetual injunctions
A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit: the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

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