Injunctions and Types of Injunctions

The concept of injunction is a cornerstone of civil law remedies in India. An injunction is not just a mere court order—it is a judicial command that can dramatically shape the rights and duties of parties involved in a dispute. It either compels a person to do something or restrains them from doing something. 

As a tool of equity, an injunction aims to prevent injustice and protect legal rights, especially where mere monetary compensation would not be adequate.

Understanding the different types of injunction is important for lawyers, law students, and anyone involved in civil litigation. 

In India, the law relating to injunctions is mainly governed by the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908 (CPC). In this article, let’s break down the meaning, nature, and types of injunction, as well as the conditions under which courts in India grant these remedies.

What is an Injunction?

In simple terms, an injunction is an order of the court that directs a party to the proceedings either to do or to refrain from doing a particular act. It is always directed at a party to the suit—not to a stranger or third party. The main aim is to protect the legal rights of one party against actual or threatened violation by another.

Injunctions are preventive in nature. That means, they focus on preventing a wrongful act or its continuation, instead of just awarding damages after the act is done. This makes them especially important in cases where the harm cannot be undone or properly compensated with money.

Statutory Basis of Injunctions

The legal framework for injunctions in India primarily comes from:

Specific Relief Act, 1963

• Section 36: Preventive relief through injunctions (temporary or perpetual) is discretionary.
• Section 37: Defines temporary and perpetual injunctions.
• Section 38: When perpetual injunctions can be granted.
• Section 39: Mandatory injunctions.
• Section 42: Enforcement of negative covenants.

Code of Civil Procedure, 1908 (CPC)

• Order XXXIX, Rules 1 & 2: Procedure and grounds for temporary injunctions.
• Order XXXIX, Rule 2-A: Penalties for disobedience of injunction.

What are the Main Types of Injunction?

Indian law recognises several types of injunction, each with its own scope, purpose, and procedural rules. Broadly, injunctions can be classified as:

1. Prohibitory Injunction
2. Mandatory Injunction
3. Temporary (Interlocutory) Injunction
4. Perpetual (Permanent) Injunction

Let us understand each of these in detail.

Prohibitory Injunction

Prohibitory injunctions are the most common type of injunction. As the name suggests, they prohibit a party from doing a certain act. The idea is to prevent the commission or continuation of a wrongful act that would harm the rights of the applicant.

Example: Suppose your neighbour tries to build a wall that would encroach on your property. You can seek a prohibitory injunction to restrain him from going ahead with the construction until the court hears the matter.

Legal Basis: Sections 36 and 37 of the Specific Relief Act, 1963 lay down the framework for such injunctions. The court exercises its discretion based on the facts, the conduct of the parties, and whether irreparable harm will be caused if the injunction is not granted.

Mandatory Injunction

A mandatory injunction is the opposite of a prohibitory one. Here, the court directs a party to perform a specific act, thereby restoring the situation to what it was before the wrongful act was committed.

Example: If someone illegally blocks your access road, the court may order them to remove the obstruction.

Legal Basis: Section 39 of the Specific Relief Act, 1963 deals with mandatory injunctions. The court may grant such relief if:

• There is an obligation on the defendant to do something.
• It is necessary to compel the performance of certain acts to prevent breach of obligation.
• The acts required are enforceable by the court.

Points to Note: Mandatory injunctions are granted more cautiously because they require the defendant to do something, not just abstain from action. Courts examine whether irreparable injury will be caused if the mandatory injunction is not granted and whether damages alone would not be a sufficient remedy.

Temporary (Interlocutory) Injunction

Temporary or interlocutory injunctions are granted for a limited period, generally to maintain the status quo until the court decides the main matter. They are particularly useful when immediate intervention is needed to prevent irreversible harm.

Legal Framework: Order XXXIX, Rules 1 & 2 of the CPC provide for the grant of temporary injunctions. These can be given at any stage of the proceedings, but only after the court is satisfied that:

• There is a prima facie case in favour of the applicant.
• There is a likelihood of irreparable injury if the injunction is refused.
• The balance of convenience lies in favour of granting the injunction.

Example: If someone threatens to sell off a disputed property, the court can grant a temporary injunction restraining any sale till the dispute is resolved.

Important Case: In Dorab Cawasji Warden v. Coomi Sorab Warden, the Supreme Court held that temporary mandatory injunctions can be granted to restore the last uncontested status which existed before the dispute arose.

Perpetual (Permanent) Injunction

A perpetual injunction is granted by a decree at the final hearing of the suit, and it permanently restrains the defendant from doing an act, or permanently compels them to do something.

Legal Basis: Section 37(2) and Section 38 of the Specific Relief Act set out when a court may grant a perpetual injunction. It may be granted when:

• There is a breach or threat of breach of an obligation in favour of the plaintiff.
• Monetary compensation is inadequate or cannot be ascertained.
• The injunction is necessary to prevent a multiplicity of legal proceedings.
• The defendant is a trustee of property for the plaintiff.

Example: If someone repeatedly tries to trespass on your land despite being warned, the court may, after a full hearing, grant a perpetual injunction permanently restraining that person from entering your land.

Further Sub-Divisions of Injunctions

Prohibitory vs. Mandatory: The Key Difference

• Prohibitory injunction: Prevents or restrains an act (e.g., “do not build”, “do not encroach”).
• Mandatory injunction: Directs a positive action (e.g., “remove what you have built illegally”, “restore access”).

Both may be granted temporarily or permanently depending on the facts of the case.

Interlocutory Mandatory Injunction

A special category is the interlocutory mandatory injunction, where the court directs a party to do an act during the interim period before the final hearing. This is used to prevent serious injustice that cannot be undone later.

Example: If a defendant has blocked a water supply to a housing society, the court can order immediate restoration pending the outcome of the case.

Guidelines (from Supreme Court): The court must balance the potential harm to both parties and grant such an injunction only where the applicant’s right is clear and urgent.

When Will Courts Refuse an Injunction?

Courts are cautious while granting injunctions. They will not grant one if:

• The applicant does not have clean hands (has acted dishonestly).
• There is an adequate alternative remedy available (like damages).
  
• The loss or harm can be compensated by money.
• The applicant delayed in seeking the remedy.
• The injunction would cause greater harm to the defendant than its refusal would cause to the applicant.

Disobedience of Injunction: Serious Consequences

Disobeying a court’s injunction is a serious offence. The consequences can include:

• Attachment of the violator’s property.
• Imprisonment for civil contempt (up to three months).
• Sale of attached property if the breach continues.

Legal Reference: Order XXXIX, Rule 2-A and Section 94(c) of CPC specify the penalties for breach of injunction orders.

Conclusion

Injunctions play a vital role in protecting legal rights and preventing injustice. Whether it is stopping a neighbour from encroaching, preventing a business from disclosing trade secrets, or compelling the restoration of essential services, injunctions are crucial in civil litigation.

However, they are not granted lightly. The courts exercise their powers judiciously, ensuring that the remedy is only given where it is really necessary and justified. The applicant must always satisfy the conditions laid down by law and by the courts. It is always advisable to seek professional legal guidance before seeking an injunction, as the rules and precedents in this area are complex.