Types of Injunctions-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

Types of Injunctions-

Tanmoy Mukherjee

Advocate

Part III of the Specific Relief Act, 1963 deals with preventive relief.

Section 36 of the Specific Relief Act says that preventive relief is granted at the discretion of the court by injunction.

An injunction is one of the most powerful and effective equitable remedies in civil law. It is a judicial order issued by a competent court directing a person either to refrain from doing a particular act or to perform a specific act in order to protect legal and equitable rights.

Temporary Injunction [Sec. 37(1)]-

A Temporary Injunction is granted during the pendency of a suit until the court decides case.

Conditions-

Example – Demolition of ancestral house.

Perpetual Injunction [See 37(2) and 38]-

Permanent Injunction is granted only after the final hearing.

Example- Neighbour repeatedly enters another person's property→court permanently restrains Trespass.

Mandatory Injunction -Sec 39-

Court orders a person to perform a positive act.

Example-

→Remove illegal construction

→Restore electricity connection

Prohibitory Injunction-

Court restrains a person from committing a wrongful act.

Example-

→Prevent Trespass.

→Prevent nuisance.

→Prevent illegal construction.

When injunction cannot be granted-