Tuesday, 31 May 2022

What is an injunction? what are the various kinds of it? When it can be granted?

 What is an injunction? what are the various kinds of it? When it can be

granted?

By Shagun Mahendroo


What is the definition of an injunction?

Different jurists have presented different meanings of injunction:

Injunction, according to Halsbury, is a type of court action in which an order is

issued and granted to a party for doing or not doing anything.

The Barmi Dictionary says: An injunction is a court order that prohibits a

person from interfering with another's right or threatening to interfere with

another's right.

The High Court of Rajasthan defined an injunction in State of Rajasthan vs

Randheer Singh (A.I.R. 1972, Rajasthan 241), saying that an injunction is a

specific order of the court given to: To stop such a wrongful act from happening

again, or to stop such a threat from happening again.

Thus, an injunction is a court order issued at any stage of the case to maintain

the status quo of the disputed property until the case is finally resolved or

subsequent orders are issued.

Injunctions come in a variety of types. There are four types of injunctions:

1)Temporary injunction: A temporary injunction is an order granted by the

court to keep the property in its current state until the matter is finally resolved.

The effect of such an injunction lasts until the lawsuit is finally resolved or until

subsequent orders are issued. The major goal is to ensure the property's security,

protection, and preservation (Mohammad Hafiz Khan Vs Najiban Bibi, 1973,

JLJ 114)

2)Perpetual injunction: It is issued by a decree at the conclusion of a suit and

has an indefinite effect.

3) Prohibitory injunction: It is a sort of injunction in which a third party is

prohibited from performing any act, i.e. an order is issued prohibiting the third

party from performing any act.

4) Mandatory Injunction: The fourth form of injunction is this one. It is a type

of injunction in which a party is ordered to perform a certain conduct in a

specific manner.


When can injunction be issued?

The circumstances under which an injunction can be issued are listed in Rule 1,

Oder 39 of the Civil Procedure Code of 1908. When it is proven in a lawsuit, by

affidavit or otherwise, that: the disputed property has the potential to be

destroyed, damaged, or transferred; or if the defendant threatens or intends to

remove or consume his property with the intent to defraud; or if the defendant

threatens or intends to remove or consume his property with the intent to

defraud; or the defendant threatens to dispose of or harm the plaintiff's property.

Under the circumstances outlined above, the court can impose a temporary

injunction that will remain in place until the case is resolved or further orders

are issued to prohibit the property from:

 being demolished

 being harmed

 from being bought and traded

 from being taken away

 from being modified

 from being evicted or transferred to another location, and so on.

Example: In a money-recovery case, if the court determines that the defendant

is threatening to remove or consume property in order to thwart the decree's

execution, the court can issue an injunction (M/S Cosmopolitan Trading

Corporation V/s M/s Engineering Sales Corporation, A.I.R. 2001, Rajasthan

331).

Injunctions can also be obtained to prohibit defamatory material from being

published in a newspaper (Hari Shankar V/s Kailash Narayan, A.I.R. 1982,

Madhya Pradesh 47).

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