17. STAY - INJUNCTION
An Injunction is a judicial process whereby party is required to do or to refrain from doing any particular act.
It is a remedy in the form of an Order addressed to particular person that either prohibits him from doing or continuing to do a particular act (prohibitory injunction) on Orders him to carry out a certain act (mandatory injunction).
Object :
The purpose of granting interim relief is the preservation of property in dispute till legal rights & conflicting rights of parties before court are adjudicated.
The another object is to maintain & preserve status quo at the time of institution of proceeding.
It is in the nature of protective relief granted to prevent future injury.
Types of Injunction :
1. Temporary,2. Permanent.
A temporary Injunction restrain partly temporarily from doing specified act & can be granted only until the disposal of suit.
A permanent Injunction restrains a party forever from doing specified act & can be granted only after conclusion of trial.
Injunction are also :
1. Preventive, Prohibitive i.e. when they prevent someone from doing act.2. Mandatory i.e. when they compel to do specified act.
Who may Apply :
Plaintiff & Defendant both may apply for an injunction, but may be issued only against party to suit & not against stranger.Ground (Rule 1 ) Temporary Injunction may be granted in following cases :
a. Where any property is in danger of being wasted, damaged or wrongly sold.b. Where defendant threatens to dispossesses the plaintiff.
c. Where defendant threatens or intends to remove or dispose of his property with a view to defrauding creditors.
d. Where defendant is about to commit breach of contract or
e. Where court is of opinion that interest of justice so requires.
No interim injunction calling administrative inconvenience or resulting in public mischief should be granted for eg – for recovery of Tax, Transfer or suspension of employees etc.
c. Where defendant threatens or intends to remove or dispose of his property with a view to defrauding creditors.
d. Where defendant is about to commit breach of contract or
e. Where court is of opinion that interest of justice so requires.
Discretion of Court :
Grant of injunction is at discretion of court & such discretion must be exercised in favour of plaintiff if court is satisfied that, unless defendant is restrained by an order of court, irreparable loss or damage will be caused to the plaintiff.Injunction which may or may not be granted :
Interim Injunction of maintaining status quo, against transfer of property, disposal of goods, making construction, attachment of property etc. can be granted by court.No interim injunction calling administrative inconvenience or resulting in public mischief should be granted for eg – for recovery of Tax, Transfer or suspension of employees etc.
Notice (RULE 3 ) & Exparte Injunction :
The court shall give notice to the opposite party, before granting injunction. But the court has power to grant ex-parte injunction without issuing notice to opposite party.Appeal & Revision :
An Order granting or refusing an injunction is subject to an appeal & revision.Breach of Injunction :
In case any person breach the order of an injunction the penalty, may be either arrest the opponent or attachment of his property or both. However detention in civil prison shall not exceed 3 month or attachment of property shall not remain in force more than 1 year. If such breach continues the property attached may be sold & court may award compensation to injured person.
Injunction on insufficient ground (S.95) :
Where in any suit in which temporary injunction has been ordered on insufficient ground or where suit of plaintiff fails & it appears to court that there was no reasonable ground for instituting it, on application being made by defendant court may ordered plaintiff to pay amount, not exceeding Rs.50,000/- to defendant for expense or injury to the reputation caused to him.
