INJUNCTIONS UNDER INDIAN LAW

INJUNCTIONS UNDER INDIAN LAW

The injunction is the order of Court in which an individual is required to perform, or is restrained from performing, a particular act. It is a judicial process. The courts use its power for issuing injunctions judiciously, and only when necessity exists. An injunction is issued only in cases when there is a need of irreparable injury to the rights of an individual. An injury is considered irreparable when it is not adequately compensated by the grant of damages.

In India, the law that is related with the injunction is given in the Specific Relief Act, 1963. There are two types of Injunction. They are Permanent Injunction and Temporary Injunction. The section 37 deals with the temporary injunction, Section 38 deals with Prohibitory Injunction, Section 39 deals with Mandatory Injunction and Section 41 deals with the refusal of Injunction. An injunction is the mandatory equitable relief and it cannot be granted when equally efficacious relief is obtainable in any other mode or proceeding.

Section 37 in The Specific Relief Act, 1963

37. Temporary and perpetual injunctions.—

(1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).

(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

Section 38 in The Specific Relief Act, 1963

38. Perpetual injunction when granted.—

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.

(3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—

(a) where the defendant is trustee of the property for the plaintiff;

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(c) where the invasion is such that compensation in money would not afford adequate relief;

(d)where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Section 39 in The Specific Relief Act, 1963

39. Mandatory injunctions.—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Section 41 in The Specific Relief Act, 1963

41. Injunction when refused.—An injunction cannot be granted—

(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;

(c) to restrain any person from applying to any legislative body;

(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;

(e) to prevent the breach of a contract the performance of which would not be specifically enforced;

(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

(g) to prevent a continuing breach in which the plaintiff has acquiesced;

(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;

(j) when the plaintiff has no personal interest in the matter.