Prof. Dr. Monaben V. Lakhani
Asst. Professor,Smt. V. D. Gardi Law College,Surendranagar (Gujarat)
page no: 14 to 17
INTRODUCTION :
Injunctions are either restrictive or preventive or mandatory. Thus, an injunction retraining a defendant from causing a nuisance, or disturbing an easement or committing waste, or infringing a patent is a restrictive injunction, while an injunction ordering a defendant to take down, or remove a wall or other obstruction is a mandatory injunction, or mandatory order.
The balance of convenience ought to be considered as a preeminent consideration in the matter of grant of an interlocutory injunction in the facts of this case. The issue is to b e looked from the point of view as to facts of this case. The issue is to be looked from the point of view as to whether on refusal of the injunction the plaintiff would suffer irreparable loss or injury. (25. Preeti Singh Roy V/s. Calcutta Tramways Co. Ltd., AIR 1986 Cal 305 : (1986) 1 Cal NH 366).