Document
Index

What is an Injunction?

By Mayashree Acharya

|

Updated on: Jul 1st, 2024

|

3 min read

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. This article explains what is injunction and the types of injunctions in India.

Meaning of 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. 

For example: A company files a defamation case, alleging that the defendant (other party to the case) is publishing or spreading false information about the company, which can cause loss to the company. It may take several months to pass a judgement to prevent the other company from publishing such harmful information about the company. Thus, to prevent loss to the company, it may file an application to grant an order to prevent the other person from publishing false information till the final judgement is made. Such an order preventing the other person from doing a wrongful act, i.e. publishing wrong information, is known as an injunction order. 

Requisites for Injunction Application

The court will grant the injunction order when the following conditions are satisfied:

  • 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.

Types of Injunction

The following are the different types of injunction:

Preliminary Injunction

A preliminary injunction, also known as an ad-interim injunction, is granted to the applicant before the case trial begins. It is granted to preserve the subject matter of the case in its existing condition and to prevent any dissolution of the applicant’s rights, thereby rendering him/her the possibility of immediate relief.

Preventive or Prohibitory Injunctions

A preventive injunction is granted to prevent an individual or entity from abstaining to do an act or action. It prevents a threatened injury or the continuation of an ongoing wrongful act which would cause loss to the applicant or infringe on the applicant’s rights.

Mandatory Injunction

A mandatory injunction is granted to correct a wrongful act that has already occurred before the injunction is issued. The mandatory injunction aims to restore the wrongful state of things to the rightful order. For example: It is issued against the other party to deliver possession of a property to its rightful owner.

Temporary Restraining Order

A temporary restraining order is granted to preserve the status quo of the subject matter of the case till the disposal of the injunction application. This injunction is granted when the applicant files an application to the court for granting an injunction against the other party and it is valid till the order of injunction is granted by the court. This injunction is valid from when the injunction application is filed until the order is made on the injunction application.

Temporary or Interlocutory Injunction

A temporary or interlocutory injunction, also known as an interim injunction, is issued to maintain the status quo of the subject matter of the case till its disposal, i.e. the judgement of the case is done. It is valid during the pendency of the case before the court till the judgement is made.

Permanent or Perpetual Injunction

A permanent or perpetual injunction is issued at the time of final judgement, i.e. granting a final relief to the applicant. In the judgement, the court may state that the temporary injunction granted during the pendency of the case will continue and remain effective even after the disposal of the case. Such an injunction is a permanent injunction which prevents or prohibits the other party from the commission of an act or assertion of a right contrary to the rights of the applicant even after the disposal of the case.

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.

Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice. It should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Can't get yourself started on taxes?
Get a Cleartax expert to handle all your tax filing start-to-finish
About the Author

I am an advocate by profession and have a keen interest in writing. I write articles in various categories, from legal, business, personal finance, and investments to government schemes. I put words in a simplified manner and write easy-to-understand articles. Read more

summary-logo

Quick Summary

An injunction is a legal remedy granted by a court to prevent wrongful acts. Types include preliminary, preventive, mandatory, temporary, interlocutory, and permanent. Prerequisites for an injunction include a prima facie case, balance of convenience, and irreparable loss. Grounds for not granting include multiplicity of proceedings and lack of personal interest. Legal advice is recommended for specific cases.

Was this summary helpful?
liked-feedbackliked-feedback

Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.

Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.

CAs, experts and businesses can get GST ready with Clear GST software & certification course. Our GST Software helps CAs, tax experts & business to manage returns & invoices in an easy manner. Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Clear can also help you in getting your business registered for Goods & Services Tax Law.

Save taxes with Clear by investing in tax saving mutual funds (ELSS) online. Our experts suggest the best funds and you can get high returns by investing directly or through SIP. Download Black by ClearTax App to file returns from your mobile phone.

Cleartax is a product by Defmacro Software Pvt. Ltd.

Company PolicyTerms of use

ISO

ISO 27001

Data Center

SSL

SSL Certified Site

128-bit encryption