(Sections 36-37)
An injunction is a specific order of the court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some cases, when it is called mandatory injunction commanding active restitution of the former state of things.
Barney's Encyclopaedia of the law of England.-It is defined as a judicial process by which one, who has invaded or is threatening to invade the rights (Legal or equitable) of another, is restrained from continuing or commencing such wrongful act.
An injunction is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.
If one were disposed to be scrupulously critical on such a subject, he might object to the apparent contract between justice in the first part of the sentence and equity and good conscience in the latter. This truth is that in this connection the words have the same identical meaning.
"An order remedial, the general purpose of which is to restrain the commission or continuance of some wrongful act of the party informed."
Injunction acts in personal. It does not run with the property. For example. A, plaintiff secures an injunction against B forbidding him to erect a wall. A sells the property to C. The sale does carry the injunction with the property.
An injunction may be issued for and against individuals, public bodies or even the state. Disobedience of an injunction is punishable as contempt of court.
1 It is a judicial process,
2 the relief obtained thereby is a restraint or prevention, and
3 the act prevented or restrained is unlawful
1. where damages are the appropriate relief,
2. where injunction is not the appropriate relief,
3. where the plaintiff is not entitled to an injunction on account of his conduct.
4. where contract cannot be specifically enforced.
5. where injunction would operate inequitably.
Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.
Preventive relief is said to be such a relief by which a person is prevented to do an act, which he is not validly liable to do. For example. A is constructing a wall in B's land. At the suit of B by providing him preventive relief A can be prohibited to do so because A is not legally liable to do so. Thus when the court prevents a party from doing that which he is under an obligation not to do it is called preventive relief. Such relief is usually granted to prevent breach of contract or the violation of right arising otherwise than by contract.
The object of issuing an injunction, it should be noted is usually preventive. Through preventive injunction, a party is ordered to restrain from doing a wrongful act or thing which he is under an obligation not to do.
Executive Committee of Vaishya Degree College, Shamli v. Lakshmi Narain, MANU/SC/0052/1979 : AIR 1976 SC 888: The relief of injunction cannot be granted or obtained as of right. The granting of relief of injunction is discretionary. The relief has to be granted by the court according to sound legal principles and ex debilo justitiae.
(1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
Temporary or interlocutory injunction are to continue temporarily either until a specified time or until further order of the court. It is only provisional in nature.
Ram Kishun v. Jamuna Prasad, (1951) 6 DLR 22 (Pat): There may be an order to preserve the property until the final hearing of the case. The object may be to maintain status quo. So that the alleged harm is avoided, which could otherwise occur until the case is finally disposed of by the court on merits.
Bruce v. Silvaraj, (1987) Supp SCC 161: A person filing a suit for injunction can succeed only when he is in possession of the property. If he is not in possession of the property, or adverse possession has not been confirmed an injunction cannot be issued in his favour.
Kallappa and Lunda Ram v. Shivappa Aparaj, MANU/KA/0042/1995 : AIR 1995 Kant 238 (243): Where the plaintiff is in possession of the property and the possession is not illegal and that there is no evidence that the possession before the suit has been obtained by unfair means, injunction, without declaration can be issued.
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