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An injunction is an equitable remedy in the form of a court order that compels a party to carry out certain activities or refrain from carrying them out. It is a court order passesd by the learned Court after heard from the injunction lawyer Kolkata which prohibits one of the parties to equity litigation from acting unjustly toward the other party or from allowing individuals who are under his control to act unjustly toward that party. An injunction expressly restricts a specific sort of behavior. It is a remedy that was first used in English equity courts.
It has historically been granted when harm cannot be successfully rectified by an award of monetary damages, like other equitable remedies. Someone whose rights have been violated is supposed to be made whole again by an injunction. However, courts also consider the interests of non-parties when deciding whether to grant an injunction (that is, the public interest). Courts pay close attention to issues of justice and good faith when determining whether to issue an injunction and how broad it should be. This can be seen in the fact that equitable defences like laches and unclean hands are admissible against injunctions. Contact our top injunction lawyer Kolkata to learn more about injunctions.
When is an injunction issued?
In most cases, the lawsuit goes on for a very long period, and if the case involves property, it becomes necessary to maintain the property until the suit is finally resolved. The opposite party may suffer irreparable loss if the conditions are charged by either side. In this case, the court issues an order to keep things as they are. Unless and until there is a chance of an irreparable injury, the Indian legal system does not support an application for an injunction. When it is established that the petitioner has suffered harm that cannot be repaired in any other way, this is referred to as an irreparable injury.
A court may also issue injunctions when monetary reparation is insufficient to make up for the injury. A court might, for instance, issue an ad-interim injunction mandating that the defendant refrains from engaging in a particular activity or business against the defendant in case of extreme urgency.
It is a preventive order issued by a Competent court at the request of a party complainant, directed at a party defendant in the action, or to a party made a defendant for that purpose, and prohibiting the latter from doing some act, or from allowing his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the continuation thereof if such act is unjust and grossly unfair. A party may be subject to criminal, civil, or contempt of court sanctions if they disregard an injunction issued by a court.
How to obtain an Injunction in India?
A plaintiff usually has to convince the court that they have a good chance of winning their case on the merits, that if the injunction is not granted, they would suffer potential harm, that harm would outweigh any harm the injunction might cause the other party, and that the benefit or harm to the parties is equitable.
A permanent injunction can only be issued if the plaintiff can show that they have suffered irreparable loss, that monetary compensation alone is insufficient, that the order is merited given the relative sufferings of the parties, and that it would not be against the public interest.
The Different Kinds of Injunctions in Indian Law
You will find various types of Injunction under applicable in every state of India.
1. Temporary Restraining Order
A temporary restraining order is exactly what its name implies; it is in effect until the duration of the restraining order expires. Until a request for a temporary injunction is heard, the court permits it to maintain the status quo of the matter under dispute. It also aims to stop any incidence of avoidable and irreversible harm through it.
2. Permanent Injunction
The court may issue a permanent injunction based on its ruling during the hearing and the case\’s merits. Once such a decree has been issued, the defendant is never again permitted to claim a right or to behave in a way that would violate the plaintiff\’s rights. The permanent injunction is issued at the moment of the final judgement to provide the applicant with a conclusive remedy. These injunctions last as long as the circumstances that led to them do.
3. Preliminary Injunction
Prior to a trial, a plaintiff is given a preliminary injunction, also referred to as an ad-interim injunction. Preliminary injunctions keep the object in its current state to protect the plaintiff\’s rights from being lost and give him/her the opportunity for quick relief.
4. Preventive Injunctions
A preventive injunction is a consideration that requires a party to refrain from taking a preventative, prohibitive, or harmful action. The goal of the injunction is to stop potential harm, maintain the status quo, and stop an ongoing wrong from being committed further.
5. Mandatory Injunction
A mandatory injunction, which is the toughest of all injunctions, orders the defendant to carry out a certain action. A mandatory injunction would be appropriate, for instance, if a court ordered the removal of a building or structure as a result of improper construction.
6. Prohibitory Injunction
When a court issues a prohibitory injunction, the defendant is forbidden from doing any action that might violate the plaintiff\’s legal rights. For instance, prohibitory injunctions prevent contract violations or the exposure of sensitive information.
7. Interlocutory or Interim Injunction
An interlocutory injunction is a form of a temporary injunction that is in effect while the court is still hearing the case. As a result, a party may be forced or barred from taking specific actions while the matter is still being decided. The main goal of invoking an interlocutory injunction is to maintain the current situation.
8. Negative Agreement Performance Injunction
The court may issue an injunction prohibiting the performance of specific acts that are against the terms of the contract. Even if the court is unable to enforce the contract\’s positive terms—those that call for the defendant to carry out specific actions—the court may nonetheless take this action. However, it depends on whether the plaintiff has complied with the obligations under the contract that bind him or not. The plaintiff loses his right to request such an injunction if he fails to comply.
What is Contempt of Court?
After conducting the required trial or hearing, the defendant is held in contempt of court if the requirements of the injunction are not followed by the respective parties. In such a case, the defaulter would be required to pay the specified fine or risk being imprisoned. The type of default would be taken into account when determining the severity of the punishment.
There are situations where the nature of the agreement forbids either particular performance or damages that are likely to accomplish the goal. In these situations, the court may issue an injunction to stop the party threatening the violation. It should also be highlighted that a perpetual injunction must be requested in a lawsuit before an interim injunction can be issued.
Only in cases when it is absolutely necessary should an injunction be granted. In circumstances where it would help maintain public order and peace, it might be permitted. The Court should proceed cautiously when there is a possibility of upsetting the peace or order of the community.
An injunction is a remedy that should only be granted for actions that the person who is seeking to enforce it has undertaken. It has historically been utilised when an injustice cannot be sufficiently atoned for through monetary compensation, as with other equitable remedies.
Following a violation of someone\’s rights, injunctions are utilised to restore such rights. However, courts do take into account the interests of third parties when deciding whether or not to issue an injunction. When deciding whether to issue an injunction, courts give a lot of weight to factors of justice and good fai