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 ...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.