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An Injunction Is A Judicial Process Whereby A Party Is Required To Do

The document discusses different types of injunctions, including temporary and permanent injunctions. Temporary injunctions can be obtained during any stage of a trial and are regulated by the Code of Civil Procedure. They restrain a party temporarily from doing a specified act until disposal of the suit or further court order. Permanent injunctions restrain a party forever from an act and can only be granted at the conclusion of a trial.

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86 views3 pages

An Injunction Is A Judicial Process Whereby A Party Is Required To Do

The document discusses different types of injunctions, including temporary and permanent injunctions. Temporary injunctions can be obtained during any stage of a trial and are regulated by the Code of Civil Procedure. They restrain a party temporarily from doing a specified act until disposal of the suit or further court order. Permanent injunctions restrain a party forever from an act and can only be granted at the conclusion of a trial.

Uploaded by

mohd sakib
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© © All Rights Reserved
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An Injunction is a judicial process whereby a party is required to do, or refrain from doing, any act.

It
is the remedy in the form of an order of the court addressed to a person that either prohibits him
from doing or continue to do such act. Thus, Injunction is a relief that (prevents or restricts from
doing an act) or (may include the order from doing any act for the purpose of prevention).

Kinds of Injunction:
A temporary or interim injunction restrains a party temporarily from doing the specified act and can
be granted only until the disposal of the suit or until the further order of the court. It is regulated
under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.

Permanent Injunction restrains a party forever from doing the specified act and can be granted only
on the merits at the conclusions of the trial after hearing both the parties to the suit. It is governed by
Section-38 to Sec-42 of Specific Relief Act,1963

Injunction are also:


i. Preventive, prohibitive or restrictive i.e. when they prevent, prohibit, or restrain someone
from doing something; or
ii. Mandatory i.e. when they compel, command or order person to do something

Who may apply and against whom Injunction may be issued?


Both plaintiff and defendant may apply for Injunction against each other. An injunction may be issued
only against a party and not against any stranger or a third party.

It also cannot be issued against a court or judicial officers

Temporary Injunction

Temporary injunctions, as the name suggests, are the injunctions that


are given for a specific period of time or until the court gives further
order regarding the matter in concern. They can be obtained during any stage
of the trial and are regulated by the Code of Civil Procedure (CPC), 1908[3]:

 Section 94: The section provides for supplemental proceedings, to


enable the court to prevent the ends of justice from being defeated.
Section 94(c) states that a court may grant temporary injunction and
in case of disobedience commit the person guilty thereof to the civil
prison and order that his property be attached and sold. Section 94(e)
of the Code enables the court to make interlocutory orders as may
appear to it to be just and convenient.

 Section 95: If it is found by the court that there were no sufficient


grounds to grant the injunction, or the plaintiff is defeated in the suit,
the court may award reasonable compensation to the defendant on his
application claiming such compensation.

 Order XXXIX:
o Rule 1: It enlists the situations when a court may grant
temporary injunction. These are:

1. Any property in dispute in a suit is in danger of being wasted, damaged


or alienated by any party to the suit, or wrongfully sold in execution of
a decree, or
2. the defendant threatens, or intends, to remove or dispose of his
property with a view to defrauding his creditors,
3. the defendant threatens to dispossess the plaintiff or otherwise cause
injury to the plaintiff in relation to any property in dispute in the suit.

 Rule 2: It provides that an interim injunction may be granted for


restraining the defendant from committing a breach of contract or
other injury of any kind to the plaintiff.

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 Rule 3: It states that a court shall direct a notice of application to the
opposite party, before granting the injunction to the plaintiff. However,
if it seems to the court that the purpose of the injunction would be
defeated by the delay, it may not provide the notice.
 Rule 4: It provides for vacation of already granted temporary
injunction.
 Rule 5: It states that an injunction directed to a corporation is binding
not only on the corporation itself, but also on all members and officers
of the corporation whose personal action the injunction seeks to
restrain.

In the M. Gurudas and Ors. case[4], the Hon’ble Supreme Court of India has
opined, “while considering an application for injunction, the Court would pass an
order thereupon having regard to  prima facie, balance of convenience and
irreparable injury.

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