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1986 Supreme(Online)(Cal) 10

CALCUTTA HIGH COURT
Judge, J
The Captain of the Ladies' Golf Club, Calcutta – Appellant
Versus
Calcutta Tramways Company – Respondent


Advocates:
For the Appellants/Petitioners: D. K. De
For the Respondents: Arun Prokash Chatterjee

Table of Content
1. interlocutory injunctions hinge on the plaintiff proving serious issues and inadequate remedies. (Para 1 , 5)
2. the public interest and balance of convenience are primary considerations in injunction cases. (Para 6 , 14)
3. the factual background establishes a long-standing possession and subsequent encroachment issue. (Para 7 , 10)
4. possession claims based on historical rights were considered but deemed irrelevant here. (Para 12 , 13)

1. The equitable remedy by way of an injunction whether mandatory or interlocutory in nature, is discretionary in nature and is never granted as a matter of course. Lord Diplock's speech in the American Cyanamid's case ( American Cyanamid Co. v. Ethicon Ltd. , 1975 (1) All ER 504) lays down certain guidelines for the grant of interlocutory injunctions. According to these guidelines the plaintiff must first satisfy the Court that there is a serious issue to decide and that if the defendants were not restrained and the plaintiff won the action, damages at common law would be inadequate compensation for the plaintiffs loss. Once satisfied of these matters, the Court will then consider whether the balance of convenience lies in favour o

















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