Introduction
An injunction is an important remedy in civil law and the law of torts. Instead of awarding money, the court may issue an order directing a person to do something or to stop doing something.
The purpose of an injunction is to prevent harm or to stop a continuing wrongful act.
Meaning / Definition
An injunction is an order of a court directing a person either to perform a certain act or to refrain from performing a certain act.
It is mainly used to prevent violations of legal rights, such as unlawful interference with property, nuisance, or other wrongful conduct.
Modes or Types
Prohibitory and Mandatory Injunction
An injunction may either require a person to do an act or to stop doing an act.
Mandatory Injunction
A mandatory injunction directs the defendant to perform a specific act.
It is usually granted to restore the plaintiff’s rights.
Examples:
- Order to remove a structure built illegally on the plaintiff’s land.
- Order to remove an obstruction blocking the plaintiff’s right of entry to property.
Prohibitory Injunction
A prohibitory injunction directs the defendant to stop doing an act that interferes with the plaintiff’s rights.
Examples:
- Order restraining a person from encroaching upon another’s land.
- Order restraining a person from causing nuisance.
A prohibitory injunction is sometimes called a preventive injunction because it prevents harm from occurring.
Permanent and Temporary Injunction
Injunctions may also be classified based on their duration.
Temporary Injunction
A temporary injunction is granted for a limited period. It continues until a specific time or until further orders of the court.
It is also called an interlocutory injunction (an order made during the course of a case).
It does not finally decide the rights of the parties but only preserves the situation until the case is decided.
Section 37 of the Specific Relief Act, 1963 defines a temporary injunction as an order that continues until a specified time or until the court issues further directions.
Perpetual (Permanent) Injunction
A perpetual injunction is a final order given after the court has fully examined the case. It permanently restrains the defendant from committing an act that violates the plaintiff’s rights.
Section 37 of the Specific Relief Act, 1963 states that a perpetual injunction permanently restrains the defendant from asserting a right or committing an act that interferes with the plaintiff’s legal rights.
Distinction / Comparison
| Basis | Mandatory Injunction | Prohibitory Injunction |
|---|---|---|
| Nature of order | Orders the defendant to perform an act | Orders the defendant to stop doing an act |
| Purpose | To restore the plaintiff’s rights | To prevent interference with rights |
| Example | Removal of an illegal structure | Preventing encroachment or nuisance |
| Basis | Temporary Injunction | Perpetual Injunction |
|---|---|---|
| Duration | Granted for a limited time | Permanent order of the court |
| Stage of case | Granted during the case | Granted after final decision |
| Purpose | Maintain existing situation until the case is decided | Provide final protection of the plaintiff’s rights |
Practical Example
A and B both claim ownership of a piece of land. The case is pending before the court. If A begins construction on the land during the dispute, B may request a temporary injunction to stop the construction until the court decides who owns the land.
If the court later decides that B is the rightful owner, it may issue a perpetual injunction permanently restraining A from interfering with B’s property.
Summary
- An injunction is a court order directing a person to do or stop doing an act.
- It is mainly used to protect legal rights and prevent harm.
- Injunctions may be mandatory (order to perform an act) or prohibitory (order to stop an act).
- They may also be temporary or perpetual depending on their duration.
- Temporary injunctions maintain the situation during the case, while perpetual injunctions are final orders of the court.