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Wednesday, February 11, 2026

Home Banking

Injunction – An injunction can not be used in nullifying the terms of a contract, agreement or undertaking

by Punjab Law Reporter

January 1, 2022

in Banking, CIVIL

Reading Time: 1 min read

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CPC O. 39 R. 1 and 2 – Injunction restraining the petitioner from interfering with the respondent’s possession upheld. Petitioner’s claim of purchasing a share from a co-sharer rejected due to lack of evidence of possession by the co-sharer or the petitioner. Undivided shares can be sold but possession requires partition by metes and bounds. Injunction properly granted; petition dismissed. [ID 213901]

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Injunction – Bank Guarantee - Invocation - Court ought not to have issued an injunction which had the effect of restraining the Bank from fulfilling its contractual obligation in terms of the bank guarantee

Injunction – An injunction can not be used in nullifying the terms of a contract, agreement or undertaking

Injunction – Bank guarantee – Fraud has to be established

Injunction – Bank Guarantee – Invocation – Court ought not to have issued an injunction which had the effect of restraining the Bank from fulfilling its contractual obligation in terms of the bank guarantee

Related Posts

Termination of Arbitral Proceedings for Non-Filing of Statement of Claims — Not an Arbitral Award under Section 25(a)

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Injunction – Bank Guarantee - Invocation - Court ought not to have issued an injunction which had the effect of restraining the Bank from fulfilling its contractual obligation in terms of the bank guarantee

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