INTRODUCTION

An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant.
It is an court order, that requires a person to do or abstain from doing an act that is necessary in
terms of justice, and the absence of which would be contrary to good faith and good
conscience. Basically, the grant of an injunction, aims to restore the violated rights of a party,
whereby monetary or compensatory damages are insufficient. It follows the principles of Natural
Justice and Equity. The concept of injunction is a fairly simple one, and the relief granted, is a
preventive one.
To specify, the statutory provisions for injunctions, according to the required law, are present in
CrPC (for Criminal cases), CPC and the Specific Relief Act (for Civil matters). Each of these
statutes provide for some form of injunction, depending on the situation and the case. An
injunction rarely survives as an independent legal entity. In most circumstances, it comes as an
addition to another remedy.
The approval for an injunction would vary from case to case and situation to situation, and at the
discretion of the court.

TYPES OF INJUNCTIONS IN THE INDIAN LAW

There are two types of injunctions under the act, as mentioned below:

1. Temporary Injunction

2. Mandatory Injunction

3. Perpetual/Permanent Injunction

1. 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
  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:

 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.

 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.
2. MANDATORY INJUNCTION

If the court finds it necessary and within its capability, to compel the performance of an act, to
prevent the breach of an obligation, it may do so granting a mandatory injunction to the plaintiff,
compelling the defendant to perform the requisite acts.

3. PERMANENT INJUNCTION
A permanent injunction also known as perpetual injunction can be granted by the court by
passing a decree made at the hearing and upon the merits of the suit. Once such decree is
passed, the defendant is permanently prohibited from the assertion of a right, or from the
commission of an act, which would be contrary to the rights of the plaintiff.

A permanent injunction may be granted:

a) To the plaintiff in a suit to prevent a breach of an obligation existing in his favour, whether
implicit or explicit. However, in a case where such an obligation arises out of a contract, the
court follows the rules as specified by Chapter II of the Act. Chapter II, under Section 9
provides that a person may claim relief in respect to a contract, by pleading in his defense,
any of the ground available to him under any law relating to contracts.

b) In a case where the plaintiff invades or threatens to invade the the plaintiff’s right to, or
enjoyment of, property, the court may grant a permanent injunction where:
1) The defendant is trustee of the property for the plaintiff;
2) There exists no standard for ascertaining the actual damage caused, or likely to be caused,
by the invasion;
3) The invasion is such that compensation in money would not afford adequate relief;
4) The injunction is necessary to prevent a multiplicity of judicial proceedings.

Grounds for Rejection of an Application for Injunction:

1. To restraint a person from prosecuting a pending judicial proceeding, unless it is to prevent

multiplicity of the proceeding.
2. To restraint a person from instituting or prosecuting a judicial proceeding in a court, where
the injunction is sought from a court subordinate to that court.

3. To restrain any person from applying to any legislative body.

4. To restrain any person from instituting or prosecuting any proceeding in a criminal matter.

5. To prevent the breach of a contract the performance of which would not be specifically
enforced (Illustration: a contract between a master and servant, requiring the servant to
render personal services to the master cannot be specifically enforced by the master or the
servant. Hence, an injunction cannot be granted in this situation)

6. Where it is not reasonably clear that an act it nuisance, to prevent such an act on the ground
of nuisance.

7. To prevent a continuing breach in which the plaintiff has acquiesced, as the general rule is
that an acquiescence is an implied consent by remaining silent.

8. Where except in the case of breach of trust, equally efficacious relief can certainly be
obtained by any other usual mode of proceeding.

9. When the conduct of the plaintiff or his agents has been such as to dis-entitle him to the
assistance of the court.

10. When the plaintiff has no personal interest in the matter.

SUIT FOR INJUNCTION:

A suit for injunction is a very common and effective remedy against any mischief played by a
third-party. All the civil courts are empowered to issue injunctions. An injunction may be issued
for and against individuals, public bodies or even State. Disobedience of injunction is punishable
as contempt of court. Civil suit is an effective legal remedy by any person against the other
seeking a Leif of restraint under the facts when the person approaching the court is aggrieved by
any mischief of the other person.
It should be noted that grant of an injunction is discretionary with the court. Section 36 of the
Specific Relief Act, 1963 expressly lays down that Preventive relief is granted at the discretion of
the court by injunction, temporary or perpetual. Therefore the court will grant a temporary
injunction if the following conditions are satisfied:

I. The plaintiff must establish a prima facie case. He is not required to make out a clear title,
but he must establish that there is a substantial question to be investigated and that
matters should be preserved in status quo until the injunction is finally disposed of.

II. An irreparable injury would result if the injunction were refused and that there is no other
remedy open to the applicant by which he could protect himself from the consequences of
the apprehended injury.

III. The conduct of the plaintiff has not been blameworthy.

IV. The balance of convenience requires that the injunction should be granted.

STAGES OF SUIT FOR INJUNCTION:

A suit for an injunction before a civil court in India is a prolonged but effective legal remedy and
legal process during which the opposite party is asked to file his written statement.
 STAGE-I. The plaint filed by the plaintiff that is the person approaching the civil court is
considered as the basic document.

 STAGE-II. The opposite party is directed to file a written statement to the said planned.

 STAGE-III. After filing of the written statement, the plaintiff is directed to file his rejoinder.

 [Link] court after that identifies the issues in dispute and frames issues for the trial
of the suit.

 STAGE-V. The parties are directed to file their evidence before the court. The plaintiff is at
first directed to lead his evidence before the court which may be oral or documentary by
producing witnesses in its support as well as summoned records from various sources in
support of its case.

 STAGE-VI. The opposite party i.e. the Defendant is directed to lead its evidence both oral as
well as documentary.
 STAGE-VII. The court hears the arguments and decides the matter finally.

 STAGE-VIII. Decree if passed by the court finally determining the rights of the parties. The
court may also reject the suit.

The entire process of trial of a suit is strictly governed by the provisions of the code of civil
procedure code, the Indian evidence act and various other related acts based upon the facts of the
case.