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Injunction

in-JUNK-shun Latin 'injungere' meaning 'to enjoin' or 'to impose'; through Old French 'enjoindre'

Definition

A judicial order restraining a party from doing a specific act (prohibitory) or compelling them to perform a specific act (mandatory).

Detailed Explanation

An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from doing certain acts. In Indian law, injunctions are governed by the Specific Relief Act, 1963 (Sections 36-42) and the Code of Civil Procedure, 1908 (Order 39).

Injunctions are classified into three types: (1) Temporary or interim injunctions, granted during the pendency of a suit to preserve the status quo; (2) Perpetual injunctions, granted as final relief upon adjudication of rights; and (3) Mandatory injunctions, which compel positive action rather than restraint.

For grant of temporary injunction, courts apply the triple test: prima facie case, balance of convenience, and irreparable injury. The courts exercise discretion based on equitable principles, and the party seeking injunction must approach with clean hands. Anti-suit injunctions restraining parties from pursuing parallel proceedings in other jurisdictions have gained significance in recent jurisprudence.

Essential Elements

  • 1 Prima facie case in favour of the applicant
  • 2 Balance of convenience favours the applicant
  • 3 Irreparable injury would result without injunction
  • 4 Applicant has no adequate remedy at law
  • 5 Applicant approaches court with clean hands
  • 6 No delay or acquiescence defeating equitable relief

Leading Cases

Dalpat Kumar v. Prahlad Singh

1992

(1992) 1 SCC 719

Relevance: Laid down the classic triple test for grant of temporary injunction

Gujarat Bottling Co. Ltd. v. Coca Cola Co.

1995

(1995) 5 SCC 545

Relevance: Elaborated on principles governing grant of interim injunctions

Wander Ltd. v. Antox India Pvt. Ltd.

1990

1990 Supp SCC 727

Relevance: Explained that appellate court should not interfere with discretionary orders unless perverse

Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd.

2003

(2003) 4 SCC 341

Relevance: Discussed principles for grant of anti-suit injunctions in international disputes

Usage Example

"The court granted an injunction restraining the defendant from constructing any structure that would obstruct the plaintiff's right of way."

Synonyms

restraining order judicial restraint prohibitory order
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