(2018)1 SCeJ 852

SUPREME COURT OF INDIA

 

Appeal from (2017-3)187 PLR 319. Of the Punjab and Haryana High Court

 

 

Specific Relief Act, Section 41(a), (b) -  Decree of anti-suit injunction - Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court - Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction - The principles governing grant of injunction are common to that of granting anti-suit injunction - The cases of injunction are basically governed by the doctrine of equity-courts in India have power to issue anti-suit injunction to a party over whom it has personal jurisdiction, in an appropriate case - However, before passing the order of anti-suit injunction, courts should be very cautious and careful, and it should be granted sparingly and not as a matter of routine as such orders involve a court impinging on the jurisdiction of another court, which is not entertained very easily specially when the it restrains the parties from instituting or continuing a case in a foreign court - Not allowed on facts.

 

Download

Supreme Court ejournal - anti suti injun
Adobe Acrobat Document 177.7 KB