In law, an injunction is an order by a court to one or more of the parties in a civil trial to refrain from doing, or less commonly to do, some specified act or acts (the former kind of injunction is called prohibitory or preventive, the latter mandatory). The usual purpose of an injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm (i.e., harm that cannot be adequately remedied by an award of monetary damages). Preliminary, or temporary, injunctions are usually issued before the start of a trial; they expire upon resolution of the proceeding or at an earlier specified time. Permanent, or perpetual, injunctions may be issued at the end of a trial as part of the court&#;s final judgment; they usually enjoin (or mandate) the specified act or acts permanently or for as long as the relevant circumstances obtain. A temporary restraining order is an unusual type of preliminary injunction that is issued without a hearing and sometimes without notice to the party against whom it is directed; it is valid for only a short period (no more than two weeks) or until such time as a formal hearing on a preliminary injunction may be conducted.
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In order to be granted an injunction, the plaintiff must demonstrate that he is likely to suffer irreparable harm without it, that the injunction&#;s benefit to him outweighs its burden on the defendant, that the injunction is in the public interest, and (in the case of a preliminary injunction) that he is likely to succeed in the eventual trial. Failure to comply with an injunction can result in a charge of contempt of court.
Preliminary and permanent injunctions may be sought to prevent the bulldozing of a historic building, the pollution of a public water supply, the infringement of a copyright, the manual recounting of ballots in a presidential election, or the enforcement of a constitutionally suspect law or executive order. In the area of family law, injunctions may be used to end harassment by an abusive domestic partner or to force payment of child support. In the s and &#;80s, mandatory injunctions were used to achieve racial integration in public schools through busing.
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, and the Code of Civil Procedure, .
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
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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.
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