Injunction: Meaning and Types

In a given circumstance, if a court believes that the victim needs relief, then the respective judge may issue an injunction. The purpose to give such remedy is to stop a wrong from being committed or from continuing once it has already been started. A party may be subject to criminal, civil, or contempt of court sanctions if they disregard an injunction issued by a court.

In most circumstances, the plaintiff requests an injunction to stop the harm from happening again, even though most people seek monetary remedies (damages) for the hurt they have endured.

Meaning of Injunction

An injunction is a directive issued by a court preventing a person from performing or refraining from performing a specific act. The decision to grant or deny injunctive remedy is up to the court.

Requisites of an Application for Injunction

These are the requisites that has to be fulfilled-

• The petitioner must have a compelling prima-facie case with the possibility to prevail before the applicant can submit the application for an injunction.

• The petitioner would suffer irreparable harm if a temporary or permanent injunction were not granted.

• The balance of convenience versus inconvenience favours the petitioner.

Types of Injunctions

The major types of injections are −

Preliminary Injunction

Prior to a trial, a plaintiff is given a preliminary injunction, also referred to as an ad-interim injunction. Preliminary injunctions keep the object in its current state to protect the plaintiff's rights from being lost and give him/her the opportunity for quick relief.

Preventive Injunction

A preventive injunction is a judgement that requires a party to refrain from taking a preventative, prohibitive, or harmful action. The goal of the injunction is to stop a potential harm, maintain the status quo, and stop an ongoing wrong from being committed further.

Mandatory Injunction

A mandatory injunction, which is the strictest of all injunctions, orders the defendant to carry out a certain action. A mandatory injunction would be appropriate, for instance, if a court ordered the removal of a building or structure as a result of improper construction.

Temporary Restraining Order

A temporary restraining order is exactly what its name implies; it is in effect until the duration of the restraining order expires. Until a request for a temporary injunction is heard, the court permits it to maintain the status quo of the matter under dispute. It also aims to stop any incidence of avoidable and irreversible harm through it.

Permanent Injunction

The permanent injunction is issued at the moment of the final judgement to provide the applicant with a conclusive remedy. These injunctions last as long as the circumstances that led to them do.

When is Injunction granted?

• Any property that is in question and the court believes it to be in danger, or that it could be wasted or harmed by one of the parties.

Illustration - Suppose there was a dispute between A and B over who should have ownership of the property. A repeatedly entering the property illegally. A ask for a restraining order against B. The court may approve the order of an injunction against B if it deems it appropriate.

• The defendant either plans to remove the property or makes threats to do so.

Illustration- If the respondent in a case involving the ownership of a car is A. In this case, the court may issue an injunction against A if he makes threats that he will sell the property.

• The defendant's invasion should be so severe that monetary compensation would not provide sufficient relief.

• Injunctions are required to stop repeated legal actions.

Facts of Injunction

Following are some of the facts regarding injunction −

• No individual may be prohibited from pursuing a legal action by means of an injunction.

• No individual may be barred from submitting an application to a legislative body by an injunction.

• No individual may be prohibited from pursuing legal action in a criminal matter by an injunction.

• The plaintiff who has no personal stake in the subject will be denied an injunction by the court.

Conclusion

An injunction is a directive issued by a court preventing a person from performing or refraining from performing a specific act. The decision to grant or deny injunctive remedy is up to the court. If the court determines that an injunction is necessary, it may issue one; but, if it determines that an appeal is not appropriate, it may also reject the appeal.

When it appears that the purpose of granting the injunction would be defeated by the delay and the party is able to persuade the court to pass the order of injunction without wasting time in giving notice to another party, the court is not required to give notice to the opposing party before passing the order of injunction.

The court may issue an injunction order without giving the other party notice if it deems it appropriate. However, after receiving the court's order, the party is required to transmit a copy of the application and the appeal order to the opposing party and to submit an affidavit swearing under oath that he has done so. Whenever a party makes a false statement or fails to deliver a document when an order is made without notifying the other party, the injunction is discharged.

Frequently Asked Questions

Q1. What is meant by injunction in law?

Ans. An injunction is the legal term for a court's instruction to one or more parties in a civil suit to refrain from performing, or less frequently to perform, a certain behaviour or acts (the former kind of injunction is called prohibitory or preventive, the latter mandatory).

Q2. When can injunction be granted?

Ans. A perpetual injunction may only be issued based on the decision made during the hearing and on the merits of the case, in accordance with Section 37(2) of the Particular Relief Act. As a result, the defendant is permanently prohibited from making a claim or acting in a way that would violate the plaintiff's rights.

Q3. Who can file injunction suit?

Ans. Filing a lawsuit for an injunction is a common and effective response to any wrongdoing by a third party. All civil courts have the authority to issue injunctions. An injunction can be issued by a court for or against an individual, a group of individuals, or even an entire country.