News By/Courtesy: Akanksha Dash | 17 May 2020 13:16pm IST

HIGHLIGHTS

  • It restricts or demands the wrongdoer from doing a specific acts
  • They are of three types.
  • Provisions can be found in CPC and Specific Relief Act

Injunctions are granted by the court for either restricting the wrongdoer from doing a specific act or demanding the wrongdoer to do a specific act. Granting of such remedies, especially in tort cases, is up to the discretion of the court in question.
Types of Injunctions:
  1. Temporary Injunction: In Section 37(1) of Specific Relief Act, 1936 it is said that “temporary injunctions are to continue until a specific time, or until further order of the court, and they may be granted at a stage of a suit and are regulated by the Code of Civil Procedure, 1908”
Provisions for this are set out in Section 94 (C) and order 39 Rule 1 of Civil Procedure Code, 1908.
In 39 Rule 1 of the Civil Procedure Code, 1908 states cases where temporary provision is granted. While Section 94 (c) of the said code states that the court may grant a temporary injunction and in even of disobedience by the person hold him for contempt in a civil prison along with an attachment of property.
There are some elements upon which the facts require to be examined for this injunction:
  • Prima Facie Case: the term prima facie means ‘on first sight’. If the court feels simply upon the basis of examination of facts that the case is established by the party.
  • The Balance of Convenience: the court shall analyze how the parties will be affected if the temporary injunction is granted and in whose favor would the balance of convenience lie.
  • Irreparable Injury: the court will examine to see if the loss suffered by the plaintiff on an event of the temporary injunction not being granted will grow to an extent that it cannot be compensated in any way.
  1. Perpetual Permanent Injunction: Contained in Section 37(2) of the Specific Relief Act 1963, it is granted only upon the final hearing of the case. The argument of both the parties, merits, and all the pieces of evidence are carefully assessed, and then is this injunction granted.
Section 38 of the Specific Relief Act lists the circumstances when this injunction can be granted by the court. It can be granted when:
  • A breach of an existing obligation needs to be prevented
  • The aforementioned obligation is from a contract; an injunction may be granted but subjected to the provisions listed in Chapter II of the act.
  • The plaintiff’s right to property or right to the enjoyment of property has been invaded or threatened to be invaded. This is subject to the conditions that:
    • A standard for calculating the damage caused, or might have been caused is not available.
    • Monetary compensation is inadequate as a compensation
    • The defendant is the trustee of the said property for the plaintiff.
    • An injunction is necessary for the prevention of multiple judicial proceedings.
  1. Mandatory Injunction: Dealt with under Section 39, Special Relief Act, 1963. According to its definition, it is granted to prevent the breach of obligation and there is a necessity to compel the performance of certain acts.
Additionally, Section 41 of the Specific Relief Act, 1963 specifies the situation when an injunction cannot be granted by the court. Also, Order 39 Rule 2A of the Civil Procedure Code, 1908 deals with the punishment or the consequence of the breach of Injunction granted by the court.

Section Editor: Pushpit Singh | 17 May 2020 17:26pm IST


Tags : injuction, cpc, specific relief

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