Short Note on Injunction

Often during a transaction, the parties involved have a clash of viewpoints, which may result in delayed performance, termination of agreement, etc. There are certain cases where no amount of compensation or any other legal remedy can mitigate losses of the suffering party. In order to ensure specific relief or enforcement of civil rights to these parties. the Specific Relief Act, 1963 was introduced. According to Indian law, if there is a right there should be a remedy. Injunction is a judicial remedy, governed under section 52 to 57 of this Act.

Injunction is a special court order that compels a party to do or prohibits them from doing specific acts. It is an equitable relief, i.e., they address issues that cannot be remedied with monetary damages. The law of injunction in our country have its origin in the Equity Jurisprudence inherited from England who borrowed it from Roman Law.

Injunction comes in three forms, viz, temporary, permanent and mandatory.

An injunction is a judicial Remedy prohibiting persons from doing a specified act called a restrictive injunction or commanding them to undo some wrong or injury called a mandatory injunction and may be either temporary, interim or interlocutory or permanent. The relief of injunction must be granted where it is absolutely necessary. It may be granted where it would help in preservation of peace and public order.

DEFINITION

An injunction is defined in Halsbury’s Laws as: “A judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.” Oxford dictionary meaning of word Injunction is “a Judicial warning or a Judicial order restraining a person from an action or compelling a person to carry out a certain act.

OBJECT

The primary purpose of granting interim relief is the preservation of property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. The court in the exercise of sound judicial discretion can grant or refuse to grant interim relief.

TEMPORARY INJUNCTION

It provides that when the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in suit, the Court may grant a temporary injunction to restrain such an act or make other order for the purpose of preventing the dispossession of the plaintiff or for the purpose of preventing the causing of injury to the plaintiff in relation to any property in dispute.

If the defendants are creating third party interest/rights as he is trying to dispose of part of the property, the plaintiff can claim the injunction.

Temporary injunction is a provisional remedy that is invoked to preserve the subject matter in its existing condition. Its purpose is to prevent dissolution of the plaintiff’s rights. The main reason for use of a temporary injunction is the need for immediate.

PERMANENT INJUNCTION

A permanent Injunction, also known by perpetual injunction, prohibits a party forever from doing the particular act and it can be granted only on merits at the end of the trial after hearing both parties to the suit. Therefore, permanent injunction is an injunction which a person seeks to put stoppage on doing of an illegal or unauthorized act i.e., the illegal act has not yet been committed, there is only an apprehension of such illegal/unauthorized act to be committed or performed. It is delivered at the time of the final judgement. In this scenario, the Defendant is perpetually restrained from the commission of an act, or the abstinence from the commission of an act, which would defeat the interests of the Plaintiff.

MANDATORY INJUNCTION

Interlocutory Mandatory Injunctions are granted generally to preserve or restore status-quo of the last non-contested status which preceded the pending controversy until the final hearing, when full relief could be granted or to compel the undoing of those acts which have been illegally done or the restoration of that which was wrongfully taken from the complaining party. Before issuing temporary mandatory injunction, the Court must be satisfied that the effect of injunction would be to preserve status-quo and to prevent irreparable injury.

Therefore, it refers to an injunction that is preferred to undo an illegal/unauthorized act which has already been done/performed i.e. to restore the things to their original position as they were. Mandatory injunction is also governed by the provisions of the Specific Relief Act.

For example, A, a tenant, has built a garden terrace by making certain additions to the rented house without permission of the landlord and while B the landlord is out of station. As per the lease agreement, A isn’t permitted to do any alterations/addition/changes to the house except with the landlord’s permission. Here B may seek a mandatory injunction to undo the garden terrace which A has built.

Aishwarya Says:

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