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.
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.
The court will grant the injunction order when the following conditions are satisfied:
The following are the different types of 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.
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.
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.
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.
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.
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.
The court will not grant an injunction order against the other person in the following cases:
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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.