The injunction is such judicial proceedings whereby the order is passed and given to any party for doing or not doing any act. (T.I. is the purely discretionary power of the court. It was exercised according to the established judicial principles and judicially.)
Types of the injunction:
- Prohibitory injunction
- Mandatory injunction
- Temporary injunction
- Perpetual injunction
TI means such order issued by the court to maintain the STATUS QUO of the property till the final disposal of the case.
- It is also known as a permanent injunction.
- Injunction restrains a celebration forever from doing the required activities and may be granted only on merits at the conclusion of the trial after hearing both the parties to the suit.
- It is governed by S.38 to 42 of the SRA, 1963.
Particular person (third party) is prevented from doing any act, i.e. the order is passed as not to do any act.
An order is issued to any party to do a particular act in a particular way.
ESSENTIAL ELEMENT (PRINCIPLES OF T.I.)
Prima facie case:
Prima facie case means that the dispute is bonafide and there is a possibility of success in favour of the plaintiff. OR
Circumstances established before the court which cannot be refitted without an appreciation of evidence.
A loss which is not countable in the form of money.
Balance of convenience:
The third condition for granting an interim injunction is that the balance of convenience must be in favour of the applicant. OR It is in favour of the party who suffers more inconvenience in comparison to the opposite party when an Injunction is not granted. (Kusum Gupta VS Sarala Devi (AIR 1998, Allahabad))
It has been said that if any of the 3 principles are not complied with, the injunction should not be issued.
(When an injunction can be issued)
Order 39 Rule 1:
Cases in which temporary injunction may be granted:
Where in any suit it is proved by affidavit or otherwise:
- That any property in dispute in a suit is in danger of being wasted, damaged or altered by any party to the suit, or wrongfully sold in execution of a decree.
- That the defendant threatens or intends to remove or dispose of his property with a view of defrauding his creditors;
- That the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit.The court till the finalization of the case or till further orders to prevent the property from:
- Being destroyed.
- Being damaged.
- Being alienation.
- From being sold.
- From being removed.
- From being changed.
- From dispossession, etc.
Dalpat Kumar VS. Prahlad Singh (AIR 1992):
In this case, the court said that the ground is not the exhaustible court may add some other ground. It is the inherent power of the court U/S. 151.
Order 39 Rule 2
The injunction to restrain repetition or continuance of breach:
- A temporary injunction may be granted where the defendant is about to commit a breach of contract, or another injury of any kind.
- The court can impose conditions as regards keeping of account and giving security.
Order 39 Rule 2A
A consequence of disobedience or breach of the injunction.
- He may be put to civil prison for a period not more than three months, or he can be penalized for contempt of court.
(Ram Prasad Singh U/S. Banaras Bank, 42 Allahabad 98)
- Application can be applied.
- Sec. 94 (C) of CPC can also apply.
- His property will be attached. Such attachment will remain in force for one year. Thereafter, if the disobedience or breach continues, then the party can be compensated by the sale of that property.
Order 39 Rule 3
Before granting injunction, court to direct notice opposite party. The court shall in all cases before granting the injunction, direct notice of the application to the opposite party except in cases of interim injunction.
Order 39 Rule 3A
Court to dispose of application of injunction within thirty days.
Order 39 Rule 4
(Amendment and changes in the order for injunction).
The order for TI may be amended, discharged, varied and set aside under the following circumstances:
- Where the material things have been hidden or false and misleading statements have been given for getting an injunction, then the court can vacate such injunction.
- Where the circumstances have changed after issuing an injunction, then the court can amend or vacate such injunction.
- Where the court decides that due to the order of injunction being issued, the hardship is caused to the party, then such order may be discharged, set aside or varied.
- When the party is dissatisfied with such an injunction. Then such order may be set aside at the request of such party.
S. Rajinder Singh VS. S. Dalip Singh (AIR 2000, Delhi): Delhi HC has decided that if any person gets ex-parte injunction by suppression of facts, such injunction should be set aside.
Also Read: Jurisdiction of Criminal Courts
Order 39 Rule 5
The injunction to corporation binding on its officer. That an injunction. Directed to a corporation is binding on its officers.
NOTE- “Sine qua non”- (Existing condition). The plaintiff must prove one of the remaining two conditions for grant of TI.
The decision of the court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which may be necessary to decide during the pendency of the case due to the time-sensitivity of the issues.
An interim order is given mainly to ensure that the interests of either party are not harmed due to and during the process of Justice.
- 94 (e) deal with interlocutory orders.
- Schedule 1 of CPC (Various orders and rules also deal it).
Examples of IO:
- Application of commissioner to conduct search and seizure.
- Application of a court receiver to collect rent or payments.
- Payment into court.
- Security for maintaining a cause.
Order 39 Rule 6
Power to order interim sale.
The court has the power to order the sale of perishable property in certain circumstances.
Order 39 Rule 7
Detention, Preservation, Inspection, etc. of the subject- matter of suit:
For that purpose, it can authorize any person to enter upon or into any land or building in the possession of any party for taking, samples or making observations or trying experiments.
Order 39 Rule 8
Application for such orders to be after notice:
Before making such order the court shall give notice to the opposite party except where it appears that the object of making such orders would be defeated by the delay.
Order 39 Rule 9
Whom party may be put in immediate possession of the land the subject-matter of the suit:
Where the suit land is liable to payment of revenue to govt. and the party in possession of such land neglects to pay revenue, any other party to the suit claiming on interest in such land may, on payment of the revenue, be put in immediate possession of the property. The court may award in the decree the amount so paid with interest thereon against the defaulter.
Order 39 Rule 10
Deposit of money, etc., in court:
Where a party to a suit admits that he holds money as a trustee for another party, the court may order him to deposit such amount in court.
94 (E) deal with interlocutory orders:
Make such other interlocutory orders as may appear to the court to be just and convenient.