Injunctions in Law – Meaning, Definition, Types & Legal Remedies

Introduction

In this class we will start Part III - ‘Preventive Relief’ of the Specific Relief Act, 1963 which includes Chapter VII - ‘Injunctions generally’ and Chapter VIII - ‘Perpetual Injunctions’.

Firstly we shall go with some general information about injunctions and then move onto what the sections dictate.

Definition of Injunction

Injunction is a kind of preventive relief where a person/ party is prevented from doing/ made to do an act which may cause injury to the plaintiff and which the person/ party is not validly liable to do. Preventive relief is granted by an injunction which is included and governed in Indian law in Civil Procedure Code, 1908 and in Specific Relief Act, 1963. 

According to Lord Halsbury, injunction is a judicial process whereby a party is ordered to refrain from doing or ordered to do a particular thing. Injunction is the proper method of restraining a defendant from committing :-

• a breach of negative obligations;
• or from interfering with the plaintiff's rights under a contract.

For example, a person has a negative obligation to not interfere with enjoyment of property of someone else. When A releases waste water in the garden of his neighbour B, he is breaching such an obligation and is liable for an injunction to be issued against him. Similarly, when A, a supplier of exclusive cloth to B, who is a renowned tailor, diverts his deliveries to D, he is interfering with the contracts of B with his clients. Here too, B can get an injunction against A.

An injunction may be issued for and against individuals, public bodies and even the State. Disobedience of an injunction is punishable as contempt of court.

Nature of Remedy of Injunction

1. Injunction is a remedy which acts in personam. It does not run with the property or subject matter, it only stands against the defendants or the persons against whom it is granted. There are two exceptions to this. An injunction against the defendant shall aslo stand against the legal representatives of the deceased judgement debtor (Sec. 50, CPC) and against purchaser pendente lite (Sec. 52, TP Act), i.e. a person who purchases a property which is pending litigation shall also be bound by the injunction against the seller (defendant).
2. Injunction will only be granted by a court which has jurisdiction to entertain the suit in which injunction is sought. If injunction is sought on a property which does not come under the court's jurisdiction, the decree holder has to seek and then the court will issue a precept to the court which has the jurisdiction. The exception to this occurs when the defendant resides outside court's jurisdiction, but the property is within the court's jurisdiction.
3. Injunction will only be granted when there is no adequate remedy in damages. If there are damages available or performance can be sought, then there is no need to issue an injunction.
4. Injunction is a remedy which is discretionary in nature. Apart from specific performance of contracts, which has been made mandatory after the 2018 amendment, all other reliefs available under the Specific Relief Act are discretionary remedies. It cannot be claimed as a matter of right and will be adjudged by the court on sound judicial principles. For example, if the court feels that granting the injunction will lead to a situation of breach of peace, it will not grant the injunction.
5. It is an equitable remedy as the court attempts to restore the party to their status before injuries were/ or were about to be caused. Equitable remedies are adjudged on equitable principles such as ‘those who come for equity must come with clean hands’; ‘equitable remedies shall not be granted when the claimant has unnecessarily delayed the claim’, ‘no remedy shall lie against a bona fide purchaser’, etc.

Section 36 of the Specific Relief Act talks about this nature when it says that a preventive relief is granted by the court at its discretion and can be temporary or permanent.

Differences Between Specific Performance and Injunctions

Types of Injunctions

Injunctions can be divided into four types on two bases. On the basis of nature, injunctions can be prohibitory (restrictive) or mandatory. On the basis of duration, they can be temporary or perpetual.

1. On the Basis of Nature

a. Prohibitory Injunction

It is a court order that prevents a party from performing a specific act. Example: An order to not disclose certain information.

b. Mandatory Injunction

It is a court order which compels the defendant to perform a specific act. Example: The court orders someone to demolish his illegal wall.

2. On the Basis of Duration

a. Temporary Injunction

It is an interim order of a court during the pendency of legal proceedings in order to preserve the subject matter of the dispute or to maintain the status quo. It is valid until a specific time provided by the court or until further orders. It does not determine the final rights of the parties. It is defined under Section 37(1) of the Specific Relief Act. Rules governing it are in Order 39 of the CPC, 1908.

Temporary Injunction Is Issued on Three Grounds:

1. When any property in dispute is in danger of being vested, discharged, alienated by any party to the suit, or may be wrongfully sold in execution of the decree.
2. When the defendant threatens or intends to remove or dispose of the property with a view to defrauding his creditors.
3. When the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute.

Cardinal Principles Governing the Grant of Temporary Injunction (Dalpat Kumar V Prahlad Singh, 1991):

1. Prima facie case: The plaintiff must show, through evidence and records, that there’s a genuine need for the injunction.
2. Irreparable injury: The court must be convinced that without the injunction, the injury caused cannot be compensated (e.g., damage to reputation).
3. Balance of convenience: The court must weigh the plaintiff’s right against the defendant’s interest in a fair manner (refer to Gujarat Bottling Company Ltd. v. Coca-Cola, 1995).
4. Conduct of the parties: The party seeking injunction must come with clean hands, as held in Motilal Jain v Rmadasi Devi (2000).

b. Perpetual Injunction

A permanent or perpetual injunction is a court order that permanently prohibits a person or entity from doing something. It is granted after the final hearing and settles the legal position between parties. It is defined under Section 37(2) of the Specific Relief Act, 1963. (Detailed discussion on perpetual injunction.)

A Few Other Types of Injunctions for the Purpose of Knowledge Are:-

1. Anton Piller order :- It is an ex-parte court order that allows a complainant to search and seize evidence from the defendant's premises without proper warning. This order is intended to prevent the destruction of evidence that is relevant to a legal dispute.
2. Mareva Injunction :- It is a court order that freezes the defendant's assets to prevent them from being removed from the court's jurisdiction, or to prevent the defendant from disposing off his assets before the final judgement. It applies across the world and is also known as ‘freezing order’.
3. John Doe order :- This is a court order that is mostly used in issues concerning intellectual property rights. This order is used when the rights holder cannot identify all the parties infringing on their rights. It is used to prevent the piracy of films, copying of patents, etc. In India, they are also known as ‘Ashok Kumar orders'.

 

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