Basic Concept Of Perpetual Injunction

Written by Harshal Morwale  ( twitter : @harshalmorwale)

 Origin

The law of injunction in India has its origin in the Equity Jurisprudence of England from which we have inherited the present administration of law. England too in its turn borrowed it from the Roman Law wherein it was known as Interdict. The injunction as a chancery remedy developed at the time of Henry, the Vlth. The Chancellor set aside a certain bond by the plaintiff as one not binding on him. In India, the Specific Relief Act, 1963 provides a large number of remedial aspects of Law. This Act came in force in the replacement of earlier Act of 1877. Injunction is a judicial process by which one who has invaded or is threatening to invade the rights, legal or equitable, of another, is ordered to refrain from doing, or to do a particular act or thing.

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Whether mere absence of termination clause can lead to inference that contract is perpetual?

Therefore the mere absence of a termination clause cannot lead to the inference that the contract is perpetual. On the contrary the absence of termination clause together with absence of any stipulation as regards duration thereof would lead to the conclusion that the contract is terminable at will by either party.

The submission that there has been a perpetual assignment or partial assignment of the right to publish the books according to us is fallacious. It is true that when a right to publish is granted, there is an assignment. But that assignment is co-terminus with the agreement. The right to publish cannot exist independently of the agreement.

Kolkata High Court (Appellete Side)

Bench Judgement Of This Court In ... vs State And Anr. Reported In 1991 ... on 5 November, 2014

Present:
Hon'ble Justice Girish Chandra Gupta
And
Hon'ble Justice Shib Sadhan Sadhu,
Citation; AIR 2015(NOC)187 HP

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