Injunction (Definition, Meaning, Types and Conditions for Grant of an Injunction).

Title: Injunction (Definition, Meaning, Types and Conditions for Grant of an Injunction)

Introduction

Injunctions in India are primarily governed by the Specific Relief Act, 1963. The Specific Relief Act provides provisions and procedures for granting both temporary and perpetual injunctions. The plaintiff seeks the court's intervention to prevent the defendant from engaging in this specific activity, which is causing harm or inconvenience to the plaintiff. The plaintiff believes that such an injunction is necessary to protect their rights and interests.

What is an Injunction?

An injunction is a remedy granted by the court that prohibits the commission of a wrong threatened or the continuance of a wrongful course of action already begun. An injunction is a preventive remedy granted to a party aggrieved by the acts of another party, and thereby refrain the wrongdoers to pursue the acts performed by them, to evade any further injury and thus considers equity. The law relating to injunction in India is governed by the Specific Relief Act 1963, and falls under two categories i.e., Permanent or perpetual injunction and temporary injunction.

The difference lies between them as to permanent injunctions where the restraint is to last forever, whereas temporary injunctions, also known as, interlocutory injunctions, may be granted at any stage of the suit and shall continue until specified time or further order of the court. Temporary injunctions are regulated by Code of Civil Procedure 1908 whereas perpetual injunctions are governed by Specific Relief Act 1963. 

The Specific Relief Act defines injunction as "an order of the court restraining a person from doing a particular act or ordering the performance of a certain act." Injunctions are commonly sought in civil cases to prevent or stop the violation of rights, prevent irreparable harm, maintain status quo, or enforce specific obligations.

Types Of Injunctions

1. Temporary injunction: Temporary injunction means such order issued by the court to maintain the status quo of the property till the final disposal of the case. The effect of such injunction remains till the final disposal of the case or till further orders. The main objective of this is to provide security, protection and preservation of the property (Mohammad Hafiz Khan Vs Najiban Bibi, 1973, JLJ 114). The specific injunction mentioned in Civil Procedure Code 1908, means this    injunction.

2. Perpetual injunction: It is issued at the finalisation of suit by means of a decree and its effect remains forever. As per Sec.37(2) of Specific Relief Act. A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

3. Prohibitory injunction: It is such type of injunction by which the third party is prevented from doing any act i.e., the order is passed as not to do any act. For example, to prevent from doing any construction work, illegal possession and selling any property. 

4. Mandatory injunction: It is the fourth type of injunction. It is such a type of injunction whereby an order is issued to any party to do a particular act in a particular way.

Conditions For Granting an Injunction

There are three conditions for grant of an injunction:

1. Prima facie case;

2. Irreparable loss; and

3. Balance of convenience.

In Nagrao Vs Nagpur Improvement Trust A.I.R. 2001, Bombay 402, the Bombay High Court has decided that for issuing injunction, the compliance of all the three conditions as above is necessary. The same opinion was expressed in C.J. International Hotels Ltd. Vs N.D.M.C (A.I.R. 2001, Delhi 435).

• Prima facie case: The first principle of issuing injunction is whether there is a prima facie case which justifies such injunction. Prima facie case means that the dispute is bonafide and there is possibility of success in favour of the plaintiff. In Vimala Devi Vs Jang Bahadur A.I.R. 1977, Rajasthan 196, the High Court of Rajasthan has decided that for temporary injunction, there should be a prima facie case.

 

• Irreparable loss: The second principle of issuing injunction is the irreparable loss to plaintiff. Irreparable loss means such loss which may be caused to the plaintiff if injunction is not issued. It is not possible to evaluate such loss in money. It can be said also that if injunction is not issued, then the plaintiff can be deprived of his rights for ever.

 

• Balance of Convenience: The third principle of issuing injunction is balance of convenience. It means if the injunction is not issued, then there will be more inconvenience to the plaintiff relative to defendant. The court has to take into account the balance of convenience. If the balance of convenience is not in favour of the plaintiff, then injunction cannot be issued in his favour.

Conclusion 

By demonstrating interference with their legal rights, establishing irreparable harm, and emphasizing the balance of convenience, the plaintiff can persuade the court that granting the injunction is necessary to protect their interests. However, it is important to note that Indian courts consider the specific facts and circumstances of each case, and the ultimate decision will depend on the court's assessment of the balance of convenience and the interests of justice.

Article Written By,Ronith Maity, Student, 7th Semester,Department of Law, Hazra Campus, University of Calcutta.