Injunction
Definition
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.
19901990 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
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