The Calcutta Law Journal Short Notes of Cases Articles and other Matters July to December 1942

So the origin of injunction in E quity specially in tort might be 'ascribed to the inadequacy of the Common Law in granting reliefs ; in other words the inadequacy of the Common Law is the foundtion of the jurisdiction of Equity over injunction ; and since its appearance in Equity injunction has played a very prominent part. [...] As a matter of fact a consideration of the nature of the Writ of Prohibition and the date of its abolition by Statute of Westminister II would lead us to conclude definitely that the Courts of Chancery were already in existence when the aforesaid Common Law Writ was promulgated. [...] The Writ of Waste or Estrepement supplied the defect by a simpler procedure and produced the desired result by furnishing the hands of the sheriff with all the implements necessary for curbing the recalcitrant attitude of the wrong-doer. [...] The quarrel at length became very bitter and it came to a head during the reign of James I. The dispute was then referred to the King himself who acting on the advice of the 'Committee of Counsel' decided in favour of Chancery. [...] That year saw the passage of the Common Law Procedure Act which granted the Common Law certain concurrent jurisdictions over ijunctions as for example in the case of breaches of contract (See sections LXXIX and LXXXII of the Act.) The year 1873 saw a revolution in the constitution of the English Courts.