Injunction

June 8, 2024

 An injunction in Indian law is a judicial order that either restrains a party from performing a specific act (prohibitory injunction) or compels a party to perform a particular act (mandatory injunction). It is a vital equitable remedy granted by courts to prevent irreparable harm or to maintain the status quo in legal disputes. Injunctions are governed by the Specific Relief Act, 1963, and the Code of Civil Procedure, 1908 (CPC). To obtain an injunction, the applicant must demonstrate a prima facie case, the likelihood of suffering irreparable harm without the injunction, and that the balance of convenience favours granting the injunction. Courts can issue temporary or interim injunctions during the pendency of a case to preserve the subject matter until a final decision is made, or permanent injunctions as part of the final judgement. Injunctions play a crucial role in protecting legal rights, preventing harm, and ensuring justice by providing immediate relief in situations where monetary compensation is inadequate or where actions need to be controlled to avoid significant damage or injustice.

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