Basu Law Of Injunctions | 2023

The law of injunctions traces its roots to the Courts of Equity in England, as granting an injunction is fundamentally an equitable relief. In India, the Law of Injunctions derives its foundation from England's Equity Jurisprudence.

According to Black's Law Dictionary (Eighth Edition), an "injunction" refers to a court order that either commands or prohibits an action. To obtain an injunction, the complainant must demonstrate that no plain, adequate, or complete remedy exists under the law and that irreparable harm would occur if the relief is not granted. Broadly speaking, any court order that commands or forbids constitutes an injunction. However, in its strict legal sense, an injunction is a judicial directive, operating in personam, requiring a party to perform or abstain from specific actions based on established equitable principles. An injunction can also be defined as a writ tailored to the case's circumstances, directing actions deemed inconsistent with equity and good conscience. Its primary purpose is to maintain the status quo, ensuring that if the plaintiff secures a favorable judgment, the defendant does not act in a way that renders the judgment ineffective. Essentially, the objective of granting an injunction is to safeguard legal rights and prevent further harm during ongoing litigation.

Writing a comprehensive commentary on the law of injunctions is undeniably a challenging task.

The book in question addresses the subject comprehensively and exhaustively. For ease of use, it is organized into multiple chapters, each dealt with in a detailed, concise, and clear manner. Every chapter begins with a well-structured synopsis, offering an overview of the content. To enhance its value, the discussions are supplemented with the latest case laws.

The book also delves deeply into issues and controversies related to injunctions, offering detailed analysis and discussions. Efforts have been made to keep the language straightforward and easy to understand. Additionally, a Table of Cases, listed alphabetically, is included at the beginning to help readers quickly locate referenced decisions. An extensive Subject Index at the end further aids in effortlessly tracing topics.

This inaugural legal treatise is anticipated to be an invaluable resource for judges, lawyers, and anyone involved in this branch of law.