Rule 2 of CPC : Rule 2: Injunction to restrain repetition or continuance of breach.

Explanation using Example

Example 1:

Scenario: A Construction Contract Dispute

Facts:

• Rajesh enters into a contract with a construction company, BuildWell Ltd., to construct a commercial building on his property.
• The contract specifies that the construction must be completed within 12 months.
• After 8 months, Rajesh notices that BuildWell Ltd. is using substandard materials, which is a breach of the contract terms.
• Rajesh files a suit against BuildWell Ltd. for breach of contract and seeks a temporary injunction to stop the use of substandard materials.

Application of the Act:

• Rajesh, the plaintiff, applies to the Court for a temporary injunction to restrain BuildWell Ltd. from continuing the use of substandard materials.
• The Court, after considering the evidence, grants the temporary injunction, ordering BuildWell Ltd. to cease using substandard materials immediately.
• The Court also sets terms for the injunction, such as requiring BuildWell Ltd. to provide a security deposit to ensure compliance and to keep an account of the materials used.

Example 2:

Scenario: Intellectual Property Infringement

Facts:

• Priya is a fashion designer who has created a unique design for a saree.
• She discovers that a local boutique, Trendy Threads, is selling sarees with her design without her permission.
• Priya files a suit against Trendy Threads for infringement of her intellectual property rights and seeks a temporary injunction to stop the boutique from selling the sarees.

Application of the Act:

• Priya, the plaintiff, applies to the Court for a temporary injunction to restrain Trendy Threads from continuing to sell the sarees with her design.
• The Court, after reviewing the evidence, grants the temporary injunction, ordering Trendy Threads to stop selling the infringing sarees immediately.
• The Court also sets terms for the injunction, such as requiring Trendy Threads to keep an account of the sales made and to provide security to cover potential damages.

Example 3:

Scenario: Property Dispute

Facts:

• Suresh owns a piece of agricultural land that he has leased to Ramesh for farming.
• The lease agreement specifies that Ramesh cannot construct any permanent structures on the land.
• Suresh discovers that Ramesh has started constructing a permanent shed on the land, which is a breach of the lease agreement.
• Suresh files a suit against Ramesh for breach of contract and seeks a temporary injunction to stop the construction.

Application of the Act:

• Suresh, the plaintiff, applies to the Court for a temporary injunction to restrain Ramesh from continuing the construction of the shed.
• The Court, after considering the evidence, grants the temporary injunction, ordering Ramesh to stop the construction immediately.
• The Court also sets terms for the injunction, such as requiring Ramesh to provide a security deposit to ensure compliance and to keep an account of any construction activities.

Example 4:

Scenario: Nuisance and Environmental Harm

Facts:

• A residential community, Green Valley Society, is located near a factory owned by Industrial Co.
• The factory starts emitting harmful pollutants, causing health issues for the residents.
• The residents of Green Valley Society file a suit against Industrial Co. for causing environmental harm and seek a temporary injunction to stop the emissions.

Application of the Act:

• The residents, as plaintiffs, apply to the Court for a temporary injunction to restrain Industrial Co. from continuing the harmful emissions.
• The Court, after reviewing the evidence, grants the temporary injunction, ordering Industrial Co. to stop the emissions immediately.
• The Court also sets terms for the injunction, such as requiring Industrial Co. to install pollution control measures and to provide a security deposit to cover potential damages.

Example 5:

Scenario: Breach of Non-Compete Agreement

Facts:

• Anil works for a software company, TechSolutions, and has signed a non-compete agreement that prohibits him from working for a competitor for one year after leaving the company.
• Anil resigns from TechSolutions and immediately joins a competitor, SoftTech.
• TechSolutions files a suit against Anil for breach of the non-compete agreement and seeks a temporary injunction to stop him from working for SoftTech.

Application of the Act:

• TechSolutions, the plaintiff, applies to the Court for a temporary injunction to restrain Anil from continuing to work for SoftTech.
• The Court, after considering the evidence, grants the temporary injunction, ordering Anil to stop working for SoftTech immediately.
• The Court also sets terms for the injunction, such as requiring Anil to provide a security deposit to ensure compliance and to keep an account of his employment activities.