An injunction is a legal remedy which a court of law grants to prohibit a party to a case from doing some wrong act or continuance of a wrongful act which has already begun. When a person or entity does not comply with an injunction granted by a court, such person or entity can face criminal/civil penalties or contempt of court.
What Is an Injunction?
Generally, in India, civil cases go on for a long time before the court pronounces judgement. Injunctions are granted by the court to retain the status quo of the case till the pronouncement of the judgement. Status quo means to retain the status of the subject matter of the case as it is.
The subject matter means the matter of dispute of the case, such as property, building, defaming a company, receiving rents, giving salaries, etc. It is also issued to prohibit the other party in the case from doing something wrong or damaging to a party to the case.
Until the case is disposed of, it is necessary to keep the subject matter intact or prohibit one party from continuing to do an act or activity which causes harm or loss to another party to the case.
Thus, an injunction is a specific legal order of the court issued to prevent a wrongful act or the commencement of a wrongful act until the disposal of the case. It can be issued at any stage of the case upon an application to grant an injunction order against the other party. In India, the law regarding injunction is provided under the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908.
Types of Injunction
Preliminary Injunction
A preliminary injunction, which is also known as an ad-interim injunction, is assigned to a plaintiff prior to a trial. preliminary injunction preserves the subject matter in its existing condition to prevent any dissolution of the plaintiff’s rights, and thereby render him/her the possibility of immediate relief.
Preventive Injunctions
A preventive injunction is an adjudication that forces an individual to abstain from doing an action that is preventive, prohibitive or negative. The injunction intends to prevent a threatened injury, preserve the status quo, and reserve the continued commission of an ongoing wrong.
Mandatory Injunction
Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
Temporary Restraining Order
A temporary restraining order is just what its name suggests, as the same is valid until the period of restraining order draws to a closure. The court grants it to preserve the status quo of the subject of the controversy until the hearing of an application for a temporary injunction. Through it, it also seeks to prevent any instance of unnecessary and irreparable injury.
Permanent Injunction
At the time of final judgement issues the permanent injunction for granting a final relief to the applicant. These injunctions remain constant if the conditions that produced them are permanent.
Contempt of Court
The provisions of an injunction comply with the respective parties, failing which the defendant is punishable for Contempt of Court after performing the necessary trial or hearing. Such a scenario would force the defaulter to remit the prescribed penal charge and/or face imprisonment. The quantum of punishment would be decided by considering the type of default.
Prohibitory Injunction
A prohibitory injunction when granted by a court, prohibits the defendant from doing a wrongful act that would be an infringement of the plaintiff’s legal rights. For example, prohibitory injunctions restrain a breach of contract or to protect the disclosure of confidential information.
Mandatory Injunction
A mandatory injunction forbids a defendant from continuing a wrong act that has already occurred at the time when the injunction is issued. The purpose of a mandatory injunction is to restore a wrongful state of things to the rightful order. For example, a mandatory injunction makes the defendant deliver possession of a property to its rightful owner.
When issuing a mandatory injunction, the Courts would take into consideration, whether the plaintiff could be adequately compensated or whether the grant of an injunction was necessary to do justice.
Interlocutory or Interim Injunction
An interlocutory injunction is a type of temporary injunction, which is operational during the pendency of the case before the court. Hence, an interlocutory injunction can compel or prevent a party from doing certain acts, pending the final determination of the case. The primary purpose of using an interlocutory injunction is to preserve matters in the status quo.
The following points are considered by the Courts while refusing or granting an interim injunction whether the:
- petitioner has made out a prima facie case;
- balance of convenience is in the petitioner’s favour;
- petitioner would suffer irreparable injury.
Grounds for Not Granting an Injunction
The court will not grant an injunction order against the other person in the following cases:
- To restrain the other party from prosecuting a pending judicial proceeding unless it results in a multiplicity of the proceeding.
- To restrain the other party from applying or filing complaints to a legislative body.
- To restrain the other party from prosecuting or instituting proceedings in a criminal matter.
- To prevent an act that is causing damage to the applicant when the applicant has acquiesced, i.e. consented to such an act indirectly. At times, the silence of the applicant will result in consent to the act.
- Where it is not reasonably clear that the act of the other person causes nuisance.
- Where the continuation of a wrongful act can be compensated in money.
- When the applicant’s conduct has disentitled him/her from the court’s assistance.
- When the applicant has no personal interest in the subject matter.
Requisites for Injunction Application
- The applicant (party filing application for injunction) has a prima-facie case, having the potential to succeed. A prima facie case means that the dispute is genuine and there is a possibility of success in favour of the applicant.
- The balance of convenience is in favour of the applicant. It means that if the injunction order is not issued, then there will be more inconvenience to the applicant than the other person against whom the injunction will be granted.
- The applicant will suffer irreparable loss or damage if the injunction is not granted. Irreparable loss means that the loss caused to the applicant cannot be measured or compensated in terms of money or a specific amount.
FAQs
What is the process to obtain an injunction?
To obtain an injunction, the party seeking it must file an application in court, explaining the reasons for needing the injunction. The court then reviews the case, considering factors like urgency, potential harm, and whether the injunction is justified before granting or denying the request.
Can an injunction be appealed?
Yes, if a party is dissatisfied with the injunction order, they can appeal to a higher court for a review of the decision.