সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
The decree for permanent injunction was prayed for restraining the defen- dants from disturbing possession of the plaintiff in the land described in the schedule attached to the plaint......(2) Md. Alauddin and others vs. Abdul Hakim and others (Md. Ruhul Amin J) (Civil) 5ADC 503
In a suit for permanent injunction simpliciter an issue whether the registered deed is forged or not cannot be decided. /Sushil Kumar Paik and another Vs. Harendra Nath Samadder and another 55 DLR (AD) 9.
Suit for injunction incidentally the question of title is gone into that will not covent the suit to one for declaration of title and injunction– Where defendant is in possession or the plaintiff has no legal possession suit for permanent injunction will not lie. [Bazlur Rahman Mohammad Vs. Jan 37 DLR 79]
A plaintiff can have temporary or permanent injunction in a suit if he succeeds to make out a good prima facie case. Which means a serious question is to be tried and if the injunction is not granted the plaintiff will suffer irreparably.
[25 DLR 09]
Permanent injunction-Both the Court below have found possession in favour of the plaintiff, even the order of cancellation of allotment of the plot clearly shows that the plaintiff was in possession as the plaintiff was directed to hand over possession which made the suit for permanent injunction quite maintainable.
[Amenullah (Md) Vs. Miah Baksha and others 4 BLC 280]
Limitation of a suit for permanent injunction does not start from the date of knowledge of the preparation of record of rights
The court of appeal is the final court of fact. Unless manifestly perverse or suffer from non-consideration of material evidence on record or misconstruction of document the findings of fact reached by the appellate court cannot be interfered with. [Abdul Wahab being dead his heirs 2(a) Md. Farhaduzzaman and others Vs. Abdul Hasem Howlader and others 296-307, 14 MLR 2009]
Injunction can not be granted when the plaintiff has no legal character
Instructions of the Ministry and the Board of Secondary Education have no force of law and thus create no right. To be admitted in school is a choice of a girl student and her guardian which can not be resisted by injunction. In a suit where temporary injunction can not be granted the plaintiff is not entitled to get a decree for permanent injunction. [Shahid Hossain Khan (Md.) Vs. Abdul Based Lashkar and others 179-191, 14 MLR 2009]
Suit for permanent injunction is maintainable when the plaintiff is in exclusive possession of the suit land.
In a suit for permanent injunction the plaintiff-has to prove that he is in exclusive possession of the suit land. Question of title can incidentally be gone into. [Sultan Ahmed and others Vs. Md. Monsur Ali and another 359-360, 13 MLR 2008]
Permanent Injunction from judgments pronounced by the trial Court and the appellate Court show that these Courts did not record any finding that the plaintiffs are in exclusive possession of a specific and separate share of the suit plot well demarcated by boundaries so as to entitle the plaintiffs to retain their possession against their co-sharers till partition by metes and bounds. [Abdus Samad Akand and others Vs. Abdul Halim Miji and others 50 DLR AD) 61]
It is by now a well settled legal principle that the finding in a suit for permanent injunction cannot be binding in a suit for title.. [73 DLR (AD) 125]
Injunction—Stranger —
Purchaser from a co-sharer of the undivided family dwelling house whether should be restrained by injunction?— Whether such a purchaser already in possession should be restrained—Whether the suit to restrain such a purchaser already in possession is mintainable—A suit for permanent injunction to restrain the defendants already in possession of their respective shares purchased from co-sharers is not maintainable — Defendants possession in the suit huts and lands cannot be disturbed save and except by a suit for partition—The joint and undivided shares of the defendants and plaintiffs may be divided by metes and bounds by way of partition, till then the defendants are entitled to maintain their possession.
Md. Bashiruddin and others Vs. Md. Cheraguddin and others, 7BLD (HCD) 436
The petitioners having proved their exclusive possession in the suit land decree of perpetual injunction in their favour without a prayer for declaration of title is valid in law. [Abdul Kader Mondal and others Vs. Akbar Mondal and others 47 DLR 237]
In a suit for perpetual injunction the plaintiffs shall have to prove the exclusive possession in the land in order to get a decree. The court may incidentally enquire into the prima facie title of the parties.
[Mati Lal Karmakar and another Vs. Kalandar Talukder and another 52 DLR 390]
It is always to be borne in mind that maintainability of a suit cannot be properly decided at any stage of hearing of an application for temporary injunction (30 DLR 444H, 16 DLR 10H contra 73 CWN 388). But temporary injunction cannot be granted in cases where permanent injunction cannot be granted. (29 DLR 168 SC). Where pecuniary compensation is adoueate no injunction can be granted. 1621 DLR 276 Dac, 29 DLR 82 SC, 168 SC.
It is always to be borne in mind that injunctive relief is available to those person who shows reasonable alternees in asking for equitable protection and not to those who slipover their right, (1963 Punj 104) A temporary injunction may be refused where it is asked for at a late stage. (1966 Cal 357, 1916 Cal 782). But delay is not material so long as the matters remain in status quo and it does not mislead the defts or amount to a equiescence (PLD 1960 Dac 135-11 DLR 103). Temporary injunction cannot be granted in cases where the permanent injunction cannot be granted (29 DLR 168 SC). Where the plff has no right title and interest, no injunction can be granted (31 DLR 19 Ad, 33 DLR 298 298 AD, 10 DLR 193). Temporary injunction likely to cause mischief cannot be granted (26 DLR 11H, 18 DLR 463 SC, 16 DLR 272, 21 DLR 365. 22 DLR 284 SC: 41SC; 19 DLR 106 Dac]. But injunction in a suit for declaration of title without consequential relief can be granted. 1981 BLD 57 Ad, 28 DLR 181H, 21 DLR 41 Dac.
No injunction-When loss can be compensated by money. (1) No temporary injunction restraining alination of property a suit for permanent injunction (1981 BLD 147). No temporary injunction. If the loss complained of can be compensated by money. 29 DLR 82 SC, 25 DLR 293H, 1984 BLD 36H. (2) Inspite of Prima facie case in favour of a party, no injunction can be granted when threatened injury can be compensated by money. 1984 BLD 33H, 29 DLR 82 SC, 1981 BLD 93H.
Temporary and permanent injunction.-(1) It is to be noted that Temporary Prohibitory Injunction is regulated by rules 1 and 2 of this order, whereas permanent injunction is regulated by section 56 of S R Act. 22 DLR 695: 35 DLR 42 AD
Permanent injunction for restraining the defendants from interfering with the possession of the plaintiff in the suit land.
The Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession unless in due process of law and could exercise his right of possession restraining every- body including the real owners. In a suit for permanent injunction the Court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties have prima facie title and exclusive possession. Jobayer Hossain vs Noor Hafez (Mohammad Fazlul Karim J) (Civil) 3ADC 34
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