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Temporary injunction

By : G.Aravinthan on 03 May 2009 Report Abuse Print Print this
 



Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. Such injunctions may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.[2] Temporary or interlocutory injunctions are to continue temporarily, i.e., for a specified period or until further orders of the Court. They are granted on the basis of a prima facie case, until the case is heard and decided on its merits. For instance, there may be need to prevent fraudulent removal or disposal of property, or wrongful seizure of property in dispute, and the injunction may help in status quo to be maintained.[3] Order 39, Code of Civil Procedure, contains the rules regarding grant of temporary injunctions and interlocutory orders. “1. Cases in which temporary injunctions may be granted.- where in any suit it is provided 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 defrauding his creditors, (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary injunction to restrain such act, or make such order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further orders. 2. Injunction to restrain repetition or continuation 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 the judgement, 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.” Perpetual Injunction: A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.[4] Perpetual injunctions may be granted under the following circumstances:[5] 1) Subject to other provisions contained and referred to in Chapter VII, Specific Relief Act, 1963, a perpetual injunction may[6] be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. 2) When any such obligation arises from contract, the Court shall be guided by the rules and provisions for specific performance of contracts, contained in Chapter II of the Act. 3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the Court may grant perpetual injunction in the following cases, namely: - (i) where the defendant is trustee of the property for the plaintiff; (ii) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion; (iii) where the invasion is such that compensation in money would not afford adequate relief; (iv) where the injunction is necessary to prevent a multiplicity of judicial proceedings.
Source : LCIM,



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