What is an injunction? what are the various kinds of it? When it can be
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
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,
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
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:
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
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).