What is an Injunction?
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. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.
When is injunction invoked?
The Indian legal system doesn’t facilitate an application for an injunction, unless and until in the existence of a possibility of an irreparable injury. Irreparable injury is a scenario wherein it is proved that the harm inflicted on the applicant cannot be amended in any other form.
The law of injunctions is covered explicitly under various Relief Acts and is implemented in accordance with the Civil Procedure Code. On a precise note, the laws pertaining to this provision which includes Section 151 and Section 94 of the Code.
Requisites of an Application for Injunction
The applicant can furnish the application for an injunction if:
- The petitioner has a strong prima-facie case, which has the potential to succeed.
- The balance of the convenience or that of inconvenience is in favour of the petitioner,
- Non-granting of a temporary or permanent injunction would force the petitioner to suffer irreparable damage.
Types of Injunction
The following are the different types of the injunction:
- Preliminary injunction
- Preventive Injunction
- Mandatory injunction
- Temporary restraining order
- Permanent 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.
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.
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.
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.
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.
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.