An equitable remedy known as an injunction is defined as “a judicial process that compels a party to do a particular act or thing” or to refrain from doing something. In extreme cases, there may be severe financial penalties and even jail time for anyone who disobeys the Competent Court’s Order of Injunction. The principal aim of interim relief is to safeguard contested property until the parties’ competing claims and legal rights are resolved by the court.
temporary injunction meaning
It is an injunction from the court that forbids a party to a case from taking any further action until after a trial or other judicial proceeding.
temporary injunction under cpc
The Civil Procedure Code of 1908 governs temporary injunctions in India under order 39 cpc. The following are the exact guidelines for their grant and application:
- Order 39, Rule 1: According to this rule, the court may issue a temporary injunction under the CPC where it is deemed just and proper to do so in order to stop a duty from being broken or to stop harm from arising from a legitimate risk of a violation.
- Order 39, Rule 2: The requirements for granting a temporary injunction are outlined in this rule. These prerequisites include the possibility of irreversible injury, a balance between convenience and strength of the initial argument, and more.
- Order 39, Rule 3: This guideline describes the steps involved in obtaining a temporary injunction under CPC, including filing an application backed by a sworn declaration.
- Order 39, Rule 4: This regulation governs the court’s power to seize assets in order to prevent the violation of a temporary injunction.
- Order 39, Rule 5: According to this regulation, the court may modify or revoke a temporary injunction at any time during the proceedings if the circumstances warrant it.
- Order 39, Rule 6: This CPC rule addresses the duration of a temporary injunction. It may remain in force until a certain date or the court orders otherwise.
- Order 39, Rule 7: This rule describes the consequences for violating or disobeying a temporary injunction. Potential contempt of court actions is one of the remedies available to the aggrieved party.
temporary injunction example
- X may request a temporary injunction in a civil proceeding if she believes Y’s construction of a light-blocking fence will cause her irreversible injury. A court hearing decides the petition’s merit after X files it. If the injunction is approved, Y is prohibited from building until after a decision has been made. In the midst of judicial processes, this preserves the status quo and guards against potential harm.
Temporary Injunction under CPC: Essential Ingredients
- Prima Facie Case: When the applicant can demonstrate that he will win the lawsuit, a temporary injunction may be issued. Thus, prima facie case is the first need for a temporary injunction.
- Irreparable Loss: A temporary injunction may be issued if there is a chance the petitioner may sustain irreversible harm. Irreparable loss is thus the second requirement of a temporary injunction.
- Balance of Convenience: When the applicant has greater convenience, a temporary injunction may be issued. Actually, the court will determine whether or not the applicant would experience more inconvenience if the interim injunction were to be revoked.
rejection of temporary injunction
- Pursuing legal action at the start of the lawsuit seeking an injunction, unless such action is required to avoid multiple legal actions.
- Initiating or pursuing any legal action in a court that is not subordinate to the one from which the injunction is being requested.
- Filing an application with a legislative body, starting or carrying out a criminal investigation, and breaking a contract whose fulfillment could not be expressly enforced.
- Conduct based on the claim that it will cause a nuisance, even if it is not a foreseeable nuisance.
- Ongoing breach in which the plaintiff has consented, when equally effective relief is unquestionably achievable through any other customary mode of proceeding, aside from cases of breach of trust, when the plaintiff’s or his agents’ actions have rendered them ineligible for the court’s assistance.
landmark judgment on temporary injunction
- In Martin Burn Ltd v R.N. Banerjee case, according to the Supreme Court, a prima facie case is one that can be considered established if the evidence presented in support of it is taken seriously rather than one that has been fully proven. It does not entail making decisions about evidentiary conflicts or intricate legal and factual issues that require thorough justifications.
- In Best Sellers Retail India (P) Ltd. vs Aditya Nirla Nuvo Ltd case, the Hon’ble Supreme Court ruled that the mere existence of a prima facie case is insufficient to grant an injunction. However, the court also held that, even in cases where the plaintiff has a strong case, the court will not grant a temporary injunction if the harm the plaintiff suffers as a result of the temporary injunction’s denial is not irreparable.
- In Bikash Chandra v Vijaya Minerals Pvt. Ltd case, the balance of convenience was noted by the Hon. Calcutta High Court. The Court will weigh the concept of balance of convenience more heavily than it would otherwise, but this does not imply that the balance would be skewed toward one side over the other. The parties need to be in a healthy equilibrium, and that balance cannot be one-sided.
In Civil Procedure, a temporary injunction is a court-issued order that, for a set amount of time, usually until a final resolution to a legal dispute, temporarily restrains a party from engaging in a particular activity or requires them to do a given task. While a dispute is being litigated, it attempts to preserve the status quo by averting irreversible harm or injury to one side.
Courts evaluate whether there is a prima facie case, the balance of convenience, and the possibility of irreversible harm before granting a temporary injunction. It’s a legal tool meant to preserve the rights of parties to ongoing judicial procedures and guarantee justice.
