INTRODUCTION
Injunctions are orders of the Court to a party to the proceedings to do or to refrain from doing a specified act. By way of injunction, a person can obtain an order from the Court to restrain the defendant which creates a reasonable apprehension of the property of the plaintiff. But the suit of the plaintiff must be prima facie arguable and it must also be filed with bona fide intention.
MEANING OF INJUNCTION
The injunction is a judicial process by which one who has invaded or is threatened to invade the rights, legal or equitable of another is restrained from continuing or commencing such wrongful act.
RELEVANT PROVISIONS
Sections 52 to 55 of the Specific Relief Act deal with the injunctions.
PREVENTIVE RELIEF HOW GRANTED
The relief in the case of granting the injunction is almost discretionary. The Court has the discretion to grant or refuse an injunction. The Court can refuse to grant a temporary or perpetual injunction. The Courts usually grant the injunction to the applicant in cases in which the remedy lies in damages The Court has also the power to initiate the contempt proceedings upon the filing of the application by the party against the violator of the injunction issued by the Court.
TYPES OF INJUNCTION
There are four main types of injunction. These are as under;
1. TEMPORARY INJUNCTION
It is a provisional remedy to preserve the subject matter of controversy pending trial.
Meaning
Temporary injunctions are such as to continue until a specified time or until further order of the court. They may be granted at any period of a suit and are regulated by the code of civil procedure.
Nature of Temporary Injunction
The temporary injunction is granted by the Court before the initiation of the trial of the case or any action. The object of the temporary injunction is to keep matters status quo until the question at issue between the parties is determined. The defendant can also claim a temporary injunction in the cases in which his night upon a certain property is going to be damaged. It is also called the interlocutory injunction or order of the Court.
Period of Granting
A temporary injunction may be granted at any time or any stage of a proceeding. It terminates with the decree unless otherwise terminated earlier. It may get terminated earlier if the defendant can show satisfactory cause for its revocation or rather rejection of the petition. Thus if a temporary injunction is not vacated earlier, it automatically gets terminated with the disposal of the suit.
Irreparable Injury
Irreparable injury is no such injury as can not be repaired. It is a material injury that can not be adequately compensated for in damages. Irreparable injury cannot be adequately repaired by damages. If the amount of damage is incapable of an accurate assessment, it is irreparable damage.
2. PERMANENT INJUNCTION
The perpetual injunction is the kind of injunction that disposes of the suit and is indefinite at the point in time.
Nature of Perpetual Injunction
It is granted only after the plaintiff establishes his right and the actual threat or infringement of it by the defendant. The perpetual injunction is also called the permanent injunction. A perpetual injunction can only be granted by the decree made at the hearing and upon the certain of the suit filed by the plaintiff.
Perpetual Injunction when Granted
A perpetual injunction may be granted to prevent the breach of the obligation existing in favour of the applicant, whether expressly or by implication. When the defendant invades or threatens to invade the plaintiff’s right to or enjoyment of property the court may grant a perpetual injunction in the following cases;
(a) Where the defendant is a trustee of the property for the plaintiff
(b) Where there exists no standard for ascertaining the accrual damage caused or likely to be caused by the invasion
(c) Where the invasion is such that pecuniary compensation could not afford adequate relief
(d) Where it is probable that pecuniary compensation can not be got for the invasion
(e) Where the injunction is necessary to prevent a multiplicity of judicial proceedings
Perpetual Injunction How Granted
A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit. The defendant is thereby perpetually enjoined from the assertion of a night or from the commission of an act that would be contrary to the rights of the plaintiff.
Mode
The obligation may be expressed or implied. The provision of an obligation, by implication, widens the scope of the action. An affirmative agreement implies a negative stipulation. A massive term of the contract is enforceable using a decree for specific performance. A negative stipulation is enforced by an injunction.
Execution
An application for execution of a decree of perpetual injunction is not subject to any period of limitation.
3. PROHIBITORY INJUNCTION
The preventive injunction is a process that prohibits the defendant from doing a particular act or commands him to refrain from it. An injunction restraining the doing or continuance of some wrongful act is called a prohibitory or restrictive injunction.
4. MANDATORY INJUNCTION
A mandatory injunction is something that commands the defendant to do some positive act or particular thing or prohibits him from refusing to do or permit some act to which the plaintiff has a legal right or restrains the defendant from permitting his previous wrongful act to continue operative this virtually compelling him to undo it.
Purpose
When to prevent the breach of an obligation, it is necessary to compel the performance of a certain act which the court is capable of enforcing the court may in its discretion grant an injunction to prevent the breach complained of and also to compel the performance of the requisite acts.
Grant of Mandatory Injunction
This section seeks to prevent the breach of an obligation existing in favour of the plaintiff. The court has to determine first what acts are necessary to prevent a breach of an obligation. The defendant must be told what exactly he has to do as a matter of fact and not of law. The court has to decide whether the requisite acts are such as are capable of being enforced. There may be a variety of such acts, the removal of obstruction, and removal of overhanging. The court will not grant a mandatory injunction to compel continuous acts since the court can not supervise such continuous acts.
Obligation
To get a mandatory injunction, the obligation to perform certain acts by the defendant has to be shown. The obligation, the legal right may arise out of contract, tort, or otherwise. The term obligation has been defined in this act.
Discretion
The relief by way of mandatory injunction is discretionary. In cases where the injury is immediately pressing and irreparable mandatory injunction is granted.
Delay
Delay may be good ground for refusal of the mandatory injunction if the plaintiff stands by allows the defendant to contract and does not bring an action until the construction is completed or substantially made mandatory injunction shall not be granted۔
DIFFERENCE B/w TEMPORARY AND PERMANENT INJUNCTION
There are some differentiating points between the temporary injunction and the perpetual injunction. These are as under.
AS TO NATURE:
Temporary Injunctions: A temporary injunction is granted to preserve the status quo.
Permanent Injunctions: The perpetual injunction is granted to preserve and protect the right established by the plaintiff
AS TO THE OBJECT:
Temporary Injunctions: A temporary injunction restrains the defendant for a particular time only. It can be said that it is only till the next date of hearing.
Permanent Injunctions: Perpetual injunction restrains the defendant forever and contempt proceedings can be initiated against the violator of the order of the Court.
WHEN GRANTED:
Temporary Injunctions: A temporary injunction can be granted at any stage and any period of the suit. It can also be granted ex parte and without notice to the other party.
Permanent Injunctions: The perpetual injunction can only be granted after the trial when the plaintiff has established his case on the merits and according to the circumstances of the case.
AS TO EFFECT:
Temporary Injunctions: A temporary injunction is the outcome of an emergency and hence, it is provisional and does not conclude any right.
Permanent Injunctions: Perpetual injunction concludes a right and it is a decree which confers a right of the parties upon the suit property.
AS TO REGULATION:
Temporary Injunctions: Temporary injunction is regulated and Perpetual injunction is regulated and granted under Order 39, Rules 1 and 2 of the Code of Civil Procedure.
Permanent Injunctions: Perpetual injunction is regulated and granted under sections 38 to 42 of the Specific Relief Act.
AS TO DISSOLUTION:
Temporary Injunctions: A temporary injunction is dissolved under Order 39 Rule 4 of the Code of Civil Procedure It automatically terminates when the suit is decided.
Permanent Injunctions: The perpetual injunction can not be dissolved as holds good forever restraining the defendants perpetually form assertion of a right of the plaintiff.
AS TO CONSEQUENCES:
Temporary Injunctions: A temporary injunction is granted for the time being just to restrain the defendant for some time.
Permanent Injunctions: The perpetual injunction is granted in favour of the plaintiff against the defendant to prevent him from doing anything against the orders of the Court forever.
EXECUTION
The Courts issue the decree for the injunction. For the execution of the decree for an injunction, an application for execution of the decree of perpetual injunction is not subject to any period of limitation.
CONCLUSION
It is concluded that under the Specific Relief Act, there are temporary injunctions, perpetual, prohibitory, and mandatory injunctions. The mandatory injunction is granted to prevent a breach of contract. The defendant will be compelled to remove stables if he had laid them in violation of an agreement to lay out a garden.
FAQs
Briefly explain prohibitory and mandatory injunctions. What are the differences between a perpetual injunction and a temporary injunction? When does a court grant a perpetual injunction?
(2019-S)
What do you understand by injunction? Discuss the circumstances when a court may grant a perpetual injunction.
(2018-A, 2017-S, 2013-S)
When does a Court grant perpetual injunction? Explain the difference between perpetual and temporary injunction.
(2015-A, 2014-A, 2012-S, 2011-A)
