An injunction is a prohibitive writ issued by a court of equity, at the suit of a party
complainant, directed to a party defendant in the action, or to a party made a defendant for
that purpose, forbidding the latter to do some act, or to permit his servants or agents to do
some act, which he is threatening or attempting to commit, or restraining him in the
continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not
such as can be adequately redressed by an action fit law.
According to Halsbury: Injunction is such judicial proceedings whereby the order is passed and
given to any party for doing or not doing any act.
The most expressive and acceptable definition is the definition of Lord Halsbury. According to
him, “An injunction is a judicial process whereby a party in an order to refrain from doing or to
do a particular act or thing”. Injunction acts in personam i.e. it does not run with the property.
In State of Rajasthan Vs Randheer Singh (A.I.R. 1972, Rajasthan 241), the High Court of
Rajasthan while defining injunction has said that the injunction is such specific order of the
court which is issued to:
Prevent such wrongful act which has been commenced or to prevent the threatening to
commence such act.
There are three characteristics of an injunction. They are as follows.
1. A judicial process.
2. The relief obtained is restraint or prevention.
3. The act restrained is wrongful.
Types of Injunction
The following are the different types of the injunction:
1. Preliminary injunction
2. Preventive Injunction
3. Mandatory injunction
4. Temporary restraining order
5. Permanent injunction
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.
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.
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.
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.
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.
There are basically two types of injunction as provided by section 36 of the Specific Relief
Act, 1963. Section 36 of the Specific Relief Act with the head ‘Preventive relief how granted’
reads as, “Preventive relief is granted at the discretion of the court by injunction, temporary
or perpetual”.
As per provisions of section 36 injunctions are either temporary (interlocutory) or
perpetual.
Temporary and perpetual injunctions are defined under Section 37 of the Specific Relief Act
which reads as:
“(1) Temporary injunctions are such as to continue until a specified time, or until 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.
(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”.
Temporary Injunctions
The procedure for granting temporary injunctions is not governed by the Specific Relief Act,
1963 but governed by the rules laid down in Civil Procedure Code which reads as follows.
Section 94: The section provides for supplemental proceedings, to enable the court to prevent
the ends of justice from being defeated. Section 94(c) states that a court may grant temporary
injunction and in case of disobedience commit the person guilty thereof to the civil prison and
order that his property be attached and sold.
Section 95: If it is found by the court that there were no sufficient grounds to grant the
injunction, or the plaintiff is defeated in the suit, the court may award reasonable
compensation to the defendant on his application claiming such compensation.
Principles of Injunction:
There are three principles of temporary injunction:
1. Prima facie case;
2. Irreparable loss; and
3. Balance of convenience.
In Nagrao Vs Nagpur Improvement Trust A.I.R. 2001, Bombay 402, the Bombay High Court has
decided that for issueing injunction, the compliance of all the three conditions as above is
necessary. The same opinion was expressed in C.J. International Hotels Ltd. Vs N.D.M.C
In the M. Gurudas and Ors. case, the Hon’ble Supreme Court of India has opined, “while
considering an application for injunction, the Court would pass an order thereupon having
regard to prima facie, balance of convenience and irreparable injury.”
4. Perpetual Injunction
Section 37(2) of the Specific Relief Act, 1963 lays down that a permanent injunction can only
be granted by a decree at the hearing and upon the merits of the case. In simple words, for
obtaining a permanent injunction, a regular suit is to be filed in which the right claimed is
examined upon merits and finally, the injunction is granted by means of judgement. A
permanent injunction therefore finally decides the rights of a person whereas a temporary
injunction does not do so. A permanent injunction completely forbids the defendant to
assert a right which would be contrary to the rights of the plaintiff.
Section 38 of the Specific Relief Act, 1963 specifies certain circumstances under which
permanent injunction may be granted.
Case law:
In the case of Cotton Corporation Of India vs. United Industrial Bank, an injunction was sought for to restrain
the defendants from presenting a winding-up petition under the Companies Act, 1956 or under the Banking
Regulation Act, 1949, the court dismissed the petition as it was not competent to grant
Major Differences between Temporary Injunction and Perpetual Injunction
Temporary Injunction
Perpetual Injunction
A temporary injunction is to continue until
a specified time, or until the further order
of the Court. It is granted at any period of
suit. Temporary injunction is regulated by
Rules 1 to 5 of Order 39 of C.P.C.
A permanent injunction can only be
granted by a decree made at the hearing
and upon the merits of .the
suit. Permanent injunction is regulated by
the Specific Relief Act, 1963 in Sections 38
to 42.
It is provisional in its nature. It cannot
conclude the right.
Permanent injunction finally determines
the rights of the parties and forms part of
the decree made at the hearing.
It can only be granted at final
stage/hearing of the suit.
It can be granted at any stage of the
suit.
It may be granted to the plaintiff on his
making out a prima facie case in his
support.
A perpetual injunction is granted upon
the merits of the suit.
A temporary injunction can be
granted at the discretion of the
Court,
and
upon
certain circumstances of the case.
A permanent injunction can only be granted
upon the merits of the case and at final
hearing of the suit.
A temporary injunction is a mere order.
A perpetual injunction is a decree.
The Court, who issues it, can withdraw it, at
any stage, until a final order or decree is
ordered.
The court which issues a permanent
injunction cannot withdraw it, after its
declaration.
A temporary injunction is temporary nature
as its name itself implies.
A perpetual injunction is permanent in
nature, final decree as its name itself
impiies. (Perpetual = Permanent).
Generally a temporary injunction is granted
after hearing from the plaintiff side only.
Defendant is not heard. Sometimes the
defendant is also heard.
In granting a perpetual injunction the Court
must hear both the parties of the suit
Acquiescence, delay or laches on the part of
the plaintiff cannot entitle him to obtain the
temporary injunction.
The plaintiff may give sufficient reasons
for delay, laches, and acquiescence on
certain circumstances, if it satisfies
Grounds for Rejection of an Application for Injunction
On the following grounds, an injunction cannot be granted:
1. To restraint a person from prosecuting a pending judicial proceeding, unless it is to
prevent multiplicity of the proceeding.
2. To restraint a person from instituting or prosecuting a judicial proceeding in a court,
where the injunction is sought from a court subordinate to that court.
3. To restrain any person from applying to any legislative body.
4. To restrain any person from instituting or prosecuting any proceeding in a criminal
matter.
5. To prevent the breach of a contract the performance of which would not be specifically
enforced (Illustration: a contract between a master and servant, requiring the servant
to render personal services to the master cannot be specifically enforced by the master
or the servant. Hence, an injunction cannot be granted in this situation)
6. Where it is not reasonably clear that an act it nuisance, to prevent such an act on the
ground of nuisance.
7. To prevent a continuing breach in which the plaintiff has acquiesced, as the general rule
is that an acquiescence is an implied consent by remaining silent.
8. Where except in the case of breach of trust, equally efficacious relief can certainly be
obtained by any other usual mode of proceeding.
9. When the conduct of the plaintiff or his agents has been such as to dis-entitle him to
the assistance of the court.
10. When the plaintiff has no personal interest in the matter.