Friday, 3 June 2022

INJUNCTION

 INJUNCTION

BY NUPUR GARG

INTRODUCTION 

In general, it is a legal order whereby a person is either restrained from doing an act, or to perform an act. It prohibits a person from either committing an act or to put a full stop to what he has been doing already.

Purpose of granting an injunction:

  1. To ensure that the legal rights of the person seeking injunction is not prejudiced by the unnecessary acts, if any of the other party.

  2. To preclude the possibility of any injury to such person which may be caused if the relief of injunction isn't granted by the Hon'ble Court

  3. Preservation of suit property as status quo i.e., as it is, in order to prevent it from being misused, misappropriated or destroyed in any other way by any person.

An injunction by its very name means a preventive relief. The grant of an injunction is an equitable remedy that prevents a defendant party from doing certain demonstrations or certain acts so that they are not bothersome or do not cause any nuisance to the plaintiff.

When a court comes with a judgment in such a suit, the parties must abide by and adhere to the ruling, in the absence of which there can be severe monetary penalties or even imprisonment in a few cases.

TYPES OF INJUNCTIONS

  1. Preliminary Injunction

A preliminary injunction, which is also known as an ad-interim injunction, is assigned to a plaintiff prior to a trial. preliminary injunction preserves the subject matter in its existing condition to prevent any dissolution of the plaintiff’s rights, and thereby render him/her the possibility of immediate relief.

  1. Preventive Injunctions

A preventive injunction is an adjudication that forces an individual to abstain from doing an action that is preventive, prohibitive or negative. The injunction intends to prevent a threatened injury, preserve the status quo, and reserve the continued commission of an ongoing wrong.

  1. Mandatory Injunction

Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.

  1. Temporary Restraining Order

A temporary restraining order is just what its name suggests, as the same is valid until the period of restraining order draws to a closure. The court grants it to preserve the status quo of the subject of the controversy until the hearing of an application for a temporary injunction. Through it, it also seeks to prevent any instance of unnecessary and irreparable injury.

  1. Permanent Injunction

At the time of final judgement issues the permanent injunction for granting a final relief to the applicant. These injunctions remain constant if the conditions that produced them are permanent.

DISOBEDIENCE OF BREACH OF AN ORDER OF INJUNCTION

Although an injunction is a remedy in itself, in the event of a breach of this order, there needs to be another remedy to protect the complainant. The Latin term ‘Ubi jus ibi remedium’ which means where there is a right there is remedy is often used in explaining this concept as courts also need a remedy against the person who breaches their order to prevent further dishonoring of their orders.

The remedies available for a breach of injunction are as follows:

Order 39 Rule 2A of the Civil Procedure Code– The CPC states that the court that granted the order or any other court to which the case was referred to may order the attachment of property of the individual, culpable of such disobedience, in view of the ‘disobedience of the breach of injunction’ or in view of the disobedience of the terms under which the injunction was granted. The court may also require the person to be detained in civil prison for a period of time not exceeding three months. However it must be noted that nothing attached under this order shall remain in force for a period of more than one year and if at the end of one year the breach continues to occur, the attached property may be rented out and the court will award compensation as it finds appropriate to the injured party and pay balance if any to the party entitled to it.

Order 21- Rule 32 of the Civil Procedure Code– It provides that a defendant who failed to comply with the decree will in the first place forfeit his right of ownership and the Court may later seize his property at its discretion.

CASES WHERE PERPETUAL INJUNCTION IS GRANTED:

When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the Court may grant permanent injunction:

  1. Where the defendant is the trustee of the property for the plaintiff, or

  2. Where there exists no standard for ascertaining damage, or

  3. Where compensation in money is not an adequate relief, or

  4. Where injunction is necessary to prevent multiplicity of proceedings.

CONCLUSION 

Injunction is an equity-based relief. It is completely at the court’s discretion to grant an injunction or to refuse it. The relief cannot be claimed as an affair of right however worthwhile the applicant’s case may be. The power to grant an injunction must, therefore, be exercised with the utmost prudence, vigilance, and care. It is an extraordinary and sensitive power that is associated with the risks of imposing losses or disadvantages upon the innocent party. Thus unlike all other things in this world, the grant of an injunction is also not absolute.


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