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Report No. 145

4.8. Article 12 and injunctions.-

Finally, we would like to point out that the applicability or non-applicability of Article 12 to public sector undertakings is not relevant on the subject of injunctions. Everything depends on the grounds on which the temporary injunction is prayed for. If it is a ground which owes its justifiability only to fundamental rights, then the exclusion of public sector undertakings from Article 12 may make a difference.

But if it is a ground available to every person and against every person under the ordinary law, say, wrongful interference with property or possession or commission of a breach of contract or other injury, then it matters little whether Article 12 is attracted or not. For the violation of a right, even if it is not a fundamental right, relief by way of injunction in an otherwise appropriate case is available under Order 39, rules 1 and 2 of the Code of Civil procedure, 1908,1 whether the opposite party is a public sector undertaking or a private party.

1. Para. 4.5, supra.



Article 12 of the Constitution and Public Sector Undertakings Back




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