Injunction

An injunction is a court order that either restrains a party from doing a particular act (prohibitory) or compels a party to perform one (mandatory). In India it is an equitable, discretionary remedy granted in civil suits where monetary damages alone would not adequately protect the claimant's rights, and it is governed chiefly by the Specific Relief Act, 1963.

Legal basis

• Sections 36 to 42 of the Specific Relief Act, 1963 govern injunctions. Section 37 distinguishes temporary and perpetual injunctions, Section 38 sets out when a perpetual injunction is granted, and Section 39 deals with mandatory injunctions.
• Temporary (interim) injunctions are ordered by a court under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908.
• Section 41 lists situations where an injunction cannot be granted, for example to stay proceedings already pending in a court or to restrain a criminal prosecution.

Types

• Temporary (interim): operates for a fixed period or until further orders and may be sought at any stage of a suit under Order XXXIX CPC.
• Perpetual (permanent): granted by the final decree after the case is heard on merits, permanently binding the defendant.
• Mandatory: directs the defendant to carry out a positive act, usually to undo a wrong already done.

When a court grants one

Before granting an interim injunction the court applies three settled tests: whether the applicant has a prima facie case, whether the balance of convenience lies in the applicant's favour, and whether refusing relief would cause irreparable injury that cannot be compensated in money. All three must be satisfied together.