An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act.

Types of Injunctions in the Indian Law

Generally speaking, there are two types of injunctions under the act, as mentioned below:

  1. Temporary Injunction
  2. Perpetual/Permanent Injunction

Temporary Injunction

Temporary injunctions, as the name suggests, are the injunctions that are given for a specific period of time or until the court gives further order regarding the matter in concern. 

In the M. Gurudas and Ors. case, the Hon’ble Supreme Court of India has opined, “while considering an application for injunction, the Court would pass an order thereupon having regard to prima facie, balance of convenience and irreparable injury.”

1. Prima Facie Case: 

A prima facie case does not mean a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed.

2. Irreparable Injury:

‘Irreparable injury’ means such injury which cannot be adequately remedied by damages. The remedy by damages would be inadequate if the compensation ultimately payable to the plaintiff in case of success in the suit would not place him in the position in which he was before injunction was refused

3. Balance of Convenience:

In the case of Anwar Elahi, the court has clearly explained the meaning of ‘balance of convenience’. According to the court:

“Balance of convenience means that comparative mischief or inconvenience which is likely to issue from withholding the injunction will be greater than that which is likely to arise from granting it. In applying this principle, the Court has to weigh the amount of substantial mischief that is likely to be done to the applicant if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted.

Permanent Injunction

A permanent injunction can be granted by the court by passing a decree made at the hearing and upon the merits of the suit. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

Grounds for Rejection of an Application for Injunction

On the following grounds, an injunction cannot be granted:

  1. To restraint a person from prosecuting a pending judicial proceeding, unless it is to prevent multiplicity of the proceeding.
  2. To restraint a person from instituting or prosecuting a judicial proceeding in a court, where the injunction is sought from a court subordinate to that court.
  3. To restrain any person from applying to any legislative body.
  4. To restrain any person from instituting or prosecuting any proceeding in a criminal matter.
  5. To prevent the breach of a contract the performance of which would not be specifically enforced (Illustration: a contract between a master and servant, requiring the servant to render personal services to the master cannot be specifically enforced by the master or the servant. Hence, an injunction cannot be granted in this situation)
  6. Where it is not reasonably clear that an act it nuisance, to prevent such an act on the ground of nuisance.