54. Injunction when refused

An injunction cannot be granted—

to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such a restraint is necessary to prevent a multiplicity of proceedings;

to stay proceedings in a court not subordinate to that from which the injunction is sought;

to restrain persons from applying to any legislative body;

to interfere with the public duties of any department of any Government in Malaysia, or with the sovereign acts of a foreign Government;

to stay proceedings in any criminal matter;

to prevent the breach of a contract the performance of which would not be specifically enforced;

to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

to prevent a continuing breach in which the applicant has acquiesced;

when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust;

when the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the court;

where the applicant has no personal interest in the matter.

A seeks an injunction to restrain his partner, B, from receiving the partnership-debts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The court will refuse the injunction.

A manufactures and sells crucibles, designating them as “patent plumbago crucibles” though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.

A sells an article called “Mexican Balm” stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are buying A’s Mexican Balm. A sues