In the course of employment as an advocate, Raman got possession of some letters written by his client Mala. Raman threatens to disclose the contents of the letters to a stranger. Can Mala sue for injunction?

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Answer:

Yes. Mala can sue for a prohibitory (Negative) injunction to prevent her advocate from disclosing the contents of her letters to a stranger and a mandatory injunction directing the Advocate to hand over the letters to Mala. This remedy is available as per Sec. 39 and 42 of the Specific Relief Act.

 

Prohibitory injunction or negative injunction is an order of the Court to prevent a party from doing a wrongful act.

Mandatory injunction or positive injunction (Sec. 39) is an order of the Court to do a positive act in order to prevent the breach of an obligation.

 

Thus, Mala can sue for both the prohibitory injunction and mandatory injunction to prevent the Advocate from disclosing the letters to a stranger and to handover them to Mala.

Last Updated On January 29, 2018
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