Author - Tushar Vashi
What is an Injunction?
An injunction is a legal solution imposed by the court. In other words, an injection is the court's stay order which forces either of the party to do a certain action or refrain from doing specific things.
In certain situations, when a person is getting bothered because of another person's action, and the offending party is not listening to a person's request. In such a case, a person may go to the court and ask for the court’s intervention in the situation. For that, a person may file an injunction.
In the case of an injunction filed and received the court's decision, both the parties are abiding to follow the decision. If the party is failed to comply with the order, it may result in monetary penalties or even imprisonment in some instances.
The Specific Relief Act, 1963, has provided the law of injunction and it is regulated by the Code of Civil Procedure (CPC), 1908.
Types of Injunctions
In general, an injunction is considered as three types:
- Temporary Injunction - Temporary injunctions are the injunctions given for the specific period of time or the court's next order regarding the matter. It can be obtained at any stage during the trial.
- Section 94 of Act provides for supplemental proceedings so that the court can prevent the ends of justice from being defeated. The court may grant a temporary injunction under section 94(C). A person may go to the civil prison in case of disobedience. Also, his property would get attached and sold as per the order. Section 94(E) allows the court to make interlocutory orders.
- According to section 95, if the court does not find sufficient ground to grant an injunction or in case of the defeat of the plaintiff, the court may payoff the suitable compensation to the defendant, if he or she claims it in the application.
Following are the rules for temporary injunction mentioned in the Act:
- The situations may be either of the following to get a temporary injunction:
- Property in dispute either in danger of being wasted, damaged or divided by party or illegally sold in execution of a decree.
- The defendant warns, or plans, to remove or dispose of his property to defraud his creditors.
- The defendant threatens to deprive the plaintiff or cause harm to the plaintiff for the property in dispute.
- A temporary injunction may be granted for restraining the defendant from doing or committing contract breach or harm to the plaintiff.
- The court may send notice of an application to the opposite party before granting an injunction to the plaintiff. The notice may not be issued if the court finds the purpose of an injunction would be defeated by delay.
- It provides for the vacation of the already given temporary injunction.
- An injunction directed to the corporation is applicable to all the members and officers of the corporation whose actions seek to restrain.
- Perpetual/Permanent Injunction - On hearing from both the parties and analysing the presented proofs, the court passes a decree and can grant a permanent injunction. The defendant is prohibited permanently from the declaration of a right, or the commission of an Act once a permanent injunction is conferred.
- A permanent injunction can be granted to:
- A plaintiff to prevent a violation of an obligation which exists in his favour, it might be implicit or explicit. The court follows the rules specified in the Act whenever such an obligation arises. As per the Act, a person may claim aid in respect to a contract, by appealing in his defence, any of the ground available to him under any available law relating to contracts.
- In case if the plaintiff invades or advances to invade the rights of the plaintiff's right, property, enjoyment, the court may allow a permanent injunction where:
- A defendant is a trustee of the property,
- No standard exists for determining the damage caused or likely to be caused by the invasion.
- The compensation in the form of money is not sufficient for the damage caused by the invasion.
- The injunction is necessary to avoid multiplicity of legal proceedings.
- Mandatory Injunction - The court may grant a mandatory injunction to the plaintiff if the court finds it necessary and within the scope of their capability to enforce the performance of an Act and to prevent the violation of an obligation.
This is applicable to the violation of an obligation which arises out of a contract or tort. The injunction grant in such cases may also be a temporary injunction. But such cases are rare.
A mandatory injunction is prohibitory by nature. In the case of the mandatory injunction, the defendant is called up to restore the place to the position in which it was before the action was done. After that, he would be restrained. To avoid more injury and damages to the plaintiff in the process, this type of injunction is granted.
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