Introduction
An injunction is a legal remedy granted by a court that restrains a person from doing a particular act or compels them to perform a specific duty. It is primarily used to prevent irreparable damage or protect legal rights in civil disputes.
An injunction order is commonly sought in cases involving property disputes, intellectual property rights, contractual breaches, environmental issues, family disputes, and commercial transactions.
This guide explains what an injunction order is, its types, the legal process to obtain it, and frequently asked questions (FAQs).
What is an Injunction Order?
An injunction order is a judicial order that directs an individual or entity to either:
- Stop doing a particular act (Restraining Order), or
- Perform a certain duty (Mandatory Order).
It is an equitable remedy, meaning it is granted when monetary compensation is insufficient to prevent harm.
Legal Provisions for Injunction in India
The Specific Relief Act, 1963, governs injunctions in India under Sections 36 to 42. The Code of Civil Procedure (CPC), 1908, also lays down procedural guidelines for obtaining injunctions.
Types of Injunctions in India
1. Temporary Injunction (Interim Injunction) – Section 37(1) of the Specific Relief Act, 1963
A temporary injunction is granted for a limited time to maintain the status quo until the court makes a final decision. It is usually issued at the initial stage of a case.
Key Features:
- Granted only after hearing both parties (except in urgent cases where an ex-parte injunction may be issued).
- Remains valid until further orders or until the case is decided.
- Can be modified or revoked by the court.
Common Cases Where Temporary Injunctions Are Issued:
- To stop property encroachment
- To prevent demolition of buildings
- To halt publication of defamatory content
- To restrain someone from selling disputed property
- To prevent breach of contract
2. Permanent Injunction – Section 38 of the Specific Relief Act, 1963
A permanent injunction is issued as a final relief after the court has fully heard the case.
Key Features:
- Granted only after a full trial.
- Binding permanently unless overturned by a higher court.
- Requires substantial evidence proving irreparable harm.
Common Cases Where Permanent Injunctions Are Issued:
- To stop a company from using a trademark illegally
- To restrain a person from constructing on disputed land
- To prevent environmental pollution
3. Mandatory Injunction – Section 39 of the Specific Relief Act, 1963
A mandatory injunction compels a person to perform a specific act rather than merely restraining them.
Example Cases:
- Directing a person to remove an illegal construction
- Compelling an employer to reinstate an unfairly dismissed employee
- Ordering a landlord to restore electricity to a tenant
4. Perpetual Injunction – Section 41 of the Specific Relief Act, 1963
A perpetual injunction is a form of permanent injunction that is granted when a legal right is fully established, and further violation must be prevented permanently.
Procedure to Obtain an Injunction Order
Step 1: File a Suit in the Court
- The plaintiff (applicant) must file a civil suit under Order XXXIX of the CPC, 1908 for temporary injunction or under the Specific Relief Act, 1963 for permanent injunction.
- The suit should include:
- Plaint (written complaint with facts of the case)
- Supporting documents and evidence
- Affidavit verifying the facts
Step 2: File an Application for Injunction (If Urgent Relief is Required)
- Along with the suit, the plaintiff can file an application for an injunction under Order XXXIX Rule 1 and 2 of CPC.
- This application should mention:
- Grounds for seeking an injunction
- Details of the harm that will be caused if the injunction is not granted
Step 3: Court Hearing & Grant of Temporary Injunction
- The court may issue a notice to the opposite party before granting an injunction.
- In urgent cases, the court may grant an ex-parte injunction (without hearing the other party).
Step 4: Trial for Final Injunction
- The court will hear both parties, examine evidence, and decide whether to grant a permanent or mandatory injunction.
- If the plaintiff proves their case, a permanent injunction is granted.
Essential Conditions for Granting an Injunction
- Prima Facie Case – The plaintiff must show that they have a strong legal case.
- Irreparable Harm – The plaintiff must prove that if the injunction is not granted, they will suffer damage that cannot be compensated by money.
- Balance of Convenience – The court will assess whether granting the injunction causes less harm to the defendant than denying it would cause to the plaintiff.
Frequently Asked Questions (FAQs)
Q1. How long does it take to get an injunction order?
- Temporary injunctions can be granted within a few days to weeks, depending on urgency.
- Permanent injunctions take months or years since they require a full trial.
Q2. Can an injunction order be challenged?
- Yes, an injunction order can be challenged in a higher court through an appeal or revision.
Q3. Can an injunction be revoked?
- Yes, a temporary injunction can be modified or canceled if new evidence arises or if the applicant misrepresented facts.
Q4. What happens if a person violates an injunction order?
- Violating an injunction order is contempt of court, which may lead to fines, penalties, or imprisonment.
Q5. Can an injunction be granted without notice to the other party?
- Yes, in urgent cases, the court may grant an ex-parte temporary injunction without hearing the other party.
Q6. Can an injunction be granted in a property dispute?
- Yes, an injunction can prevent illegal possession, construction, or transfer of property.
Q7. Can I seek an injunction in a defamation case?
- Yes, courts can issue restraining orders to prevent the publication of defamatory material.
Q8. How much does it cost to file an injunction suit?
- The cost depends on court fees, lawyer’s charges, and case complexity. For a small property case, the court fee can range from ₹500 to ₹10,000.
Q9. Can a company apply for an injunction?
- Yes, companies can seek injunctions to prevent trademark infringement, unfair competition, or breach of contracts.
Q10. Can an injunction be sought against the government?
- Generally, injunctions cannot be granted against the government, except in exceptional cases where constitutional rights are violated.
Conclusion
Obtaining an injunction order is a powerful legal remedy to prevent harm, enforce rights, and maintain justice. Whether it is a property dispute, breach of contract, or violation of intellectual property rights, an injunction provides legal protection against potential damage.
If you need urgent relief, you should file an application for a temporary injunction immediately and consult a lawyer to ensure your case is properly presented in court.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304