Injunction
Introduction of Injunction
One of the basic objectives of law is that there should be legal devices through which rights can be enforced and secured. For enforcing and securing rights, redress must be provided against violation of rights. Similarly, the basic objective of the Specific Relief Act is to ensure that there must be a remedy whenever there is a wrong. It reveals that the Specific Relief Act provides some remedies against violation of rights. Preventive relief is one of such remedies. Preventive relief is granted through an injunction.
Definition of Injunction
An injunction can be defined as a judicial order through which a court directs a party to do a certain act or which prohibits a party from doing some act.
Explanation of Injunction
The following points are important for the explanation of to injunction:
Equitable remedy
The injunction is considered an equitable remedy.
Object of injunction
The main object of injunction is to maintain the status quo.
Preventive relief
If specific relief is granted to prevent a party from doing that act, which he/she is under the obligation not to do such specific relief is termed as preventive relief. Preventive relief can be granted through a temporary or perpetual injunction.
Basic philosophy
The basic philosophy, that works behind the concept of injunction, is Quia Timet. And quia time means "because he fears”
Kinds of Injunction
Followings are two main kinds of injunction:
Temporary Injunction
Under the Specific Relief Act, a temporary injunction can be defined as an injunction, which is to continue till a specified or till further order of the Court.
Temporary injunctions can be granted at any period of a suit and are regulated by the Code of Civil Procedure.
Perpetual Injunction
According to the Specific Relief Act, perpetual injunction can be defined as that injunction, which can only be granted by that decree which is made at the hearing and upon merits of the suit.
Explanation
Through perpetual injunction, the defendant is perpetually enjoined from non-assertion of a right or from non-commission of an act that can be contrary to the rights of the plaintiff
Differences Between Temporary & Perpetual
Time of Awarding
A temporary injunction can be granted during the proceeding of a suit after the commencement of the trial of the suit while a perpetual injunction is granted at the time of decree when the plaintiff has established his/her right after trial.
Nature of injunction
The nature of temporary injunction is provisional while perpetual injunction is in effect a decree.
Termination of Injunction
Temporary injunction is terminated with final disposal of a suit whereas perpetual injunction cannot be terminated or dissolved.
Civil Procedure Code & Specific Relief Act
Temporary injunction is regulated by provisions of the Civil Procedure Code, but perpetual injunction is regulated by provisions of the Specific Relief Act.
Order & Decree
Temporary injunction is granted through an order of the court whereas perpetual injunction is granted through the decree of court.
Rights of Parties
A temporary injunction does not conclude the rights of a party’s perpetual injunction concludes the rights of the parties.
Duration of injunction
Temporary injunction continues till a specified time or till further order of court during the pendency of a suit while perpetual injunction is the final determination of the rights of parties.
Status Quo & Protection of Right
The temporary injunction is granted for maintaining the status quo whereas the perpetual injunction is granted for the protection of the rights of parties.
Conclusion
To conclude, it can be stated that preventive relief is granted either through temporary injunction or perpetual injunction. Both temporary and perpetual injunctions can be granted either in the form of a mandatory injunction or a prohibitory injunction.