Sunday 18 September 2016

Supreme Court: Precaution to be taken by Court while passing injunction order and stay order

On this occasion, we must refer to the mechanical manner in which some of the courts have been granting interim orders - injunctions and stay orders without realizing the harm such mechanical orders cause to the other side and in some cases to public interest. It is no answer to say that "let us make the order and if the other side is aggrieved, let it come and apply for vacating it". With respect, this is not a correct attitude. Before making the order, the court must be satisfied that it is a case which calls for such an order. This obligation cannot be jettisoned and the onus placed upon the respondents/defendants to apply for vacating it.
Supreme Court of India
Delhi Development Authority vs Skipper Construction Company(P) ... on 6 May, 1996

Equivalent citations: 1996 AIR 2005, 1996 SCC (4) 622
Read full judgment here:click here
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