Injunction and It's type

 Injunction

Injunction is a judicial remedy in the form of an order which prohibits (prohibitory injunction) or compels (mandatory injunction) the performance of an act. It is governed by equitable principles and statutory codification under Indian law.

• Statutory Basis:

• Specific Relief Act, 1963 (SRA) – Ss. 36 to 42

• Code of Civil Procedure, 1908 (CPC) – Order 39 Rules 1 & 2, Section 94

• Contempt of Courts Act, 1971 – S. 2(b), S.12 (for enforcement)

Type of Injunctions:

Type	Provision	Nature	Description
1. Temporary Injunction	CPC Order 39 Rules 1-5,  SRA S.37(1)	Interim	Granted during pendency of suit to maintain status quo.
2. Permanent (Perpetual) Injunction	SRA S.37(2), S.38	Final	Granted by decree at the end of trial.
3. Mandatory Injunction	SRA S.39	Final	Compels performance of a specific act to undo a wrongful situation.
4. Prohibitory Injunction	Implied across Ss. 36–38	Preventive	Restraint from doing an act.
5. Ad-interim Injunction (Ex Parte)	Judicial Practice	Temporary	Ex parte, before hearing the opposite party.
6. Anton Piller Order	Judicial Doctrine	Search	Ex parte order to enter premises and seize documents/materials.
7. Mareva Injunction	Judicial Doctrine	Asset Freeze	Restrains defendant from disposing assets.

LEGAL FRAMEWORK:

Specific Relief Act, 1963

Temporary Injunction under CPC,1908

Principles that Governing Injunction:-

	Doctrine Description Equity follows the law Injunction cannot override express legal rights He who seeks equity must do equity Conduct of plaintiff must be fair Delay defeats equity Unreasonable delay disentitles plaintiff Clean hands doctrine Plaintiff must approach court with honesty

Illustrations:-

Situation	Remedy
X builds wall obstructing light to Y's house	Mandatory injunction under §39
A tries to sell property under dispute	Temporary injunction under O.39 R.1
Employee agrees not to work with competitor for 1 year	Negative injunction under §42
B threatens to destroy common boundary	Perpetual injunction under §38

Limitation and Discretionary Nature

• Injunction is not a matter of right – court’s discretion.

• Courts consider public interest, balance of hardship, and adequate alternate remedy.

Exceptions: when Injunction is Refused (S41 SRA)

Clause	Injunction will not be granted
(a)	To stay judicial proceedings
(b)	To prevent legislative process
(c)	To enforce personal service contracts
(h)	Where plaintiff is guilty of delay
(j)	Where plaintiff has no personal interest

Conclusion

Injunctions are powerful tools grounded in equity, public policy, and procedural rigour. Indian courts maintain a fine balance between individual rights and larger justice delivery, carefully scrutinising.