Assignment on Injunction (Definition, Nature, Classification, Order 39 Rule 1 and 2)

Definition of InjunctionInjunction is an order of a court restraining a person from doing a particular act. i.e. where he is doing something which he promise not to do, the court may by issuing an Injunction restrain him from doing, what he promised not to do. The Injunction put directly-

Where a party is in breach of negative terms of contract; Where he is doing something, which he promised not to do; Then the court maybe issued an injunction restrain him from doing, what he

promised not to do.Lord Halsbury is most explicit when he says, “An Injunction is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing.”Illustrations: A contracts with B to sing at B’s theater for three months from 1st

March, 2015. But after few days A contracted with C to sing at C’s theater and refused to sing at B’s theater. As a results B file suit for damages. The court granted an Injunction restraining A from singing at C’s theater or elsewhere and awarded damages to B for his loss caused by A’s refusal.

Characteristics or Nature of an InjunctionAn Injunction has three (3) characteristics features:

1. It is a judicial process;2. The object attained thereby is restraint or prevention; and3. The thing restrained or prevented is a wrongful act.

Classification of InjunctionIn respect their ‘nature’ Injunction may be divided into-(a) Mandatory Injunction;(b) Prohibitory Injunction;

As regards the ‘time’ of their operation, Injunction may be divided into-(c) Interlocutory Injunction;(d) Perpetual or Permanent Injunction;

(a) Mandatory InjunctionWhen, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing the court may, in its discretion grand an Injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

(b) Prohibitory InjunctionA Prohibitory Injunction forbids a defendant from doing a wrongful act which would be an infringement of some rights of the plaintiff, legal or equitable. For example, Prohibitory Injunction says, “let the defendant be restrained from building any all to the injury of the plaintiff’s right of light.”

(c) Interlocutory InjunctionInterlocutory Injunctions are such as are to continue until a specific time, or until the further orderof the court. They may be granted at any period of a suit and are regulated by the Code of Civil Procedure (CPC)

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(d) Perpetual or Permanent InjunctionAccording to Section 54 of the Specific Relief Act, 1877, Perpetual Injunction is a final order or prohibition of the court by which a defendant is abstained from applying his right and doing something which is given on the basis or justifying a suit.Illustrations: A lets certain lands to B and B contracts not to dig sand or gravel there out. A may sue for an Injunction to restrain B from digging in violation of his contract.

Order 39 Rule 1: Cases in which temporary injunction may be grantedWhere in any suit it is proved by affidavit or otherwise-

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to his creditors,

the Court may order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossessing or otherwise causing injury or loss as the Court thinks fit, until the disposal of the suit or until further orders.

(2) In case of disobedience or of breach of the terms of such temporary injunction or order, the Court granting the injunction or making such order may order the property of the person guilty of such disobedience or breach to be attach, and may also order such person to be detained in the civil prison for a term not exceeding six months unless in the meantime the Court direct his release.

(3) The property attached under sub-rule (2) may, when the Court considers it fit so to direct, be sold, and out of the proceeds tile Court may award such compensation to the injured party as it finds proper and shall pay the balance, if any, to the party entitled thereto.”

Order 39 Rule 2: Injunction to restrain repetition or continuance of breach

(1)In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not,

the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

(2)The court may by Order grant such injunction, on such terms, as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit.

Sub-rules (3) and (4) omitted by the Act 104 of 1976, w.e.f. 1-2-1977.

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