Injunction

Introduction:

In law, an injunction refers to a court order which requires an individual to perform or which restricts an individual from performing a particular action.

Injunctions are used in civil proceedings where it is fundamental to maintain the current state of affair where if certain actions do not take place it will result in irreparable damage to the plaintiff filing the injunction. Its concept is fairly simple and the remedy granted by it is a preventive one. It basically aims to safeguard an individual’s right from being violated by the action of some other party.

In the Indian law, its provisions are provided under the Code of Civil Procedure(CPC), 1908 and Specific Relief act,1963.

Rationale Behind Relief of Injunction

The relief of injunction is mainly sought by the plaintiff to prevent dis-solution of his rights. The main purpose of the injunction is to provide immediate relief to the person whose rights are in danger. Their objective is to prevent any threatened wrong, injury, irreversible damage or injustice to the plaintiff until his case is ultimately settled by the case.

Types of Injunction

1.   Preliminary Injunction- It is a court order which is issued in the preliminary stage of a trial which prevents a person from performing an action which is in dispute. The main motive behind this injunction is to protect the rights of a person from being exploited. It provides immediate relief to the plaintiff. This type of injunction does not represent the final verdict of a case.

2.   Preventive Injunctions- These are issued when there is a need to stop a person from performing certain acts. It is used to prevent any potential injury, restrains any crime which is continually being committed or to preserve the existing state of affairs. However, it cannot nullify an act which has already been committed.

3.  Mandatory Injunctions- It is issued by the court to ensure that there is no breach of an obligation in a contract. These injunctions are generally harsh therefore, courts don’t generally grant them unless absolutely necessary.here are generally used in land disputes eg. where a building has been built on disputed land.

4. Permanent Injunctions – A permanent or perpetual injunction is the final verdict of injunction suit which disposes of it. They are used to give final judgements of a suit and must be followed compulsorily.

5.   Restraining Orders-  A Restraining Order or protective order is issued by the court to preserve the existing state of affairs by stopping the defendant in a suit from performing certain acts. The main purpose is to protect any person or establishment from any potential harm.^[1]

Provisions

The laws dealing with Injunctions are provided under the Code of Civil Procedure(CPC), 1908 and T Specific Relief Act, 1963.

Specific Relief Act,1963

1. Section 36 Deals with temporary injunctions
2. Section 37 It provides the guidelines dealing with the permanent injunctions
3. Section 38 of this act provides for the provisions dealing with the perpetual injunction

The conditions under which court may grant perpetual injunction are as followed:

1. When the disputed property is in the care of the defendant who is responsible for its administration.
2. If any damage is caused or there is a likelihood of it being caused, but the court cannot appropriately determine the action;
3. Where the money would not amount to be adequate reimbursement.
4. To prevent more than one proceeding of the same proceeding.

Section 39- Mandatory injunctions are applicable when:

• It is a necessity to stop a party to the contract from violating its terms.
• When the court has an obligation to enforce it.
• It is a relief provided by the court.

Section 40- Deals with Damages:

• Section 38 and 39 provide for compensation for any damages.
• Compensation is not given for any damages if the plaintiff has not claimed them. However, it might change in between the proceedings.
• The discharge of a proceeding which might result in a bar to any claim for damages which might come out of such dismissal.

Section 41- Deals with the situation where an Injunction might be rejected:

• When it hinders any civil or criminal proceeding from being initiated.
• Where any such injunction might stop a persona from joining any legislative body;
• When it gets in the way of a person from not executing a contract, whose performance is not enforced.
• Where it might be used to prevent any action on the grounds of the nuisance, where it cannot be ascertained that any such action might actually amount to a nuisance.
• To stop the continued non-performance of a contract.
• Where an equally effective remedy is present.
• To disallow a person from seeking help from the court.
• Where the matter is not personally concerning the defendant.^[2]

Code of Civil Procedure (CPC), 1908

1. Section 94: It gives court the power to preserve justice through: –

• Section 94 (c) empowers the court to give temporary injunction and in the case of disobedience, commit the person as guilty and send him to prison.
• Section 94(e) It gives the court the power to make and enforce any orders which may seem to it just and fair.

2. Section 95: It empowers the court to provide the defendant with reasonable compensation if he is on application claiming any such compensation, where the defendant has won the proceeding.

3. Order XXXIX: It lays down the procedure which is to be followed by the court for granting any injunction.

They are as followed: –

Rule 1: It lays down the various situations where it is permitted to give temporary injunctions:

• Where in a suit any disputed property is in the potential danger of getting destroyed, or being taken away from any party to the proceedings or being sold wrongfully.
• Where the defendant threatened to get rid of the property in order to deceive his creditors.
• When any defendant might threaten to dispossess or to cause an injury to the complainant with regards to any property in dispute, in a proceeding.

Rule 2: It states that an injunction might be provided against any person to stop him from causing any unwarranted injury to the plaintiff or in order to stop him from breaching a contract.

Rule 3: It states that a notice is to be provided to the defendant by the court before giving the order of injunction. Unless the situation is of a sensitive nature where a notice would defeat the purpose of the injunction.

Rule 4: It states that an injunction cannot be granted more than once in the same suit.

Rule 5: According to this when an injunction is given to a corporation it is equally applicable to all of its members.^[3]

Case Laws

1. Jujhar Singh vs. Giani Talok Singh-   Here, the son was seeking a permanent injunction to stop his father from selling the HUF property.. The court denied the injunction as according to it the son was also a coparcener and he had the right to question the sale and could get the property set aside following a suit after the sale. While if the injunction was granted by the court, it could be used by the son to stop his father from the sale of the property in the future, even if he was compelled to do so due to any legal or financial necessity.^[4]
2. Cotton Corporation Of India vs. United Industrial Bank–  Under this case an injunction was sought by the complainant to forestall the defendants from presenting a winding-up petition, The court had rejected the plea as according to it permitting such an injunction would stop a person from initiating a legal proceeding.^[5]

Grounds for Rejection

Grounds for rejection are as followed:

1. When it seeks to stop a person from prosecuting an unfinished legal proceeding, the only exception to this is to stop multiplicity of the proceeding.
2. When it is sought for the purpose of preventing the initiation of a proceeding in a court.
3. Where the intention for such an injunction is to prevent someone from joining a legislative body.
4.  To stop the initiation of any legal proceeding in a criminal matter.
5. To stop the breach of a contract whose performance might not be specifically enforced.
6. To prevent the commission of an act on the grounds of nuisance where it is unclear that the act would amount to a nuisance.
7. Where there is an equally effective remedy available.
8. Where the matter is of no concern to the complainant.^[6]

Conclusion

An injunction is used as a  remedy to safeguard a person’s right which attempts to consider the interests of the persons who are part of the suit. Its purpose is to forestall any injury which can be caused by one party to the other. Although it must be noted that it is not a self-reliant relief, it’s necessary for safeguarding an individual’s right. It must, however, be noted that injunction in itself is not a right but its performance can be only denied at the discretion of the court.

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References:

^[1] “Injunction – Types Of Injunction.” Law.Jrank.Org, law.jrank.org/pages/7647/Injunction-Types-Injunction.html. Accessed 6 Sept. 2020.

^[2] Specific Relief Act,1963

^[3] The Code of Civil Procedure,1908

^[4]  Jujhar Singh vs. Giani Talok Singh,AIR 1987 P H 34

^[5]   Cotton Corporation Of India vs. United Industrial Bank,AIR1983 SCR (3) 962

^[6] Pandey, Anubhav. “Meaning of Temporary and Permanent Injunction.” IPleaders, 5 June 2017, blog.ipleaders.in/temporary-permanent-injunction/#:~:text=Order%2039%20(Rules%201%20to. Accessed 6 Sept. 2020.