INJUNCTION

 An Injunction is a court order requiring a person to do or cease doing a specific action. Court orders injunction where the defendant party must stop its course of action to prevent possible injustice and irreparable injury or harm to the plaintiff. An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive power. Counter injunctions are injunctions that stop or reverse the enforcement of another injunction.

For example- If it so happens that a person is demolishing a building you have possible claims on, you may ask the competent court to order such person to not demolish the building until the trial for the claim of the building is complete and judgment goes in his favor. 

TYPES OF INJUNCTION

1. TEMPORARY INJUNCTION – Temporary injunction, also known as Interim is the injunction that is given for a specific period of time or until the court gives further order regarding the matter in concern. While passing a temporary injunction or an interim, the court will consider the following:- 

• Prima Facie case- Prima Facie case is a case where based on the first impression a court can tell the necessity of issuing an interim. 

• Irreparable injury- A court can issue an interim if there is going to be an irreparable damage that cannot be restored again. It is also issued because the remedy by the damages would be inadequate for the loss incurred. For instance, a person’s fame or image cannot be restored if damaged. 

• Balance of Convenience – It means the comparative mischief or inconvenience that is likely to be done to the applicant if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted.

2. PERMANENT INJUNCTION – A permanent injunction can be granted by the court by passing a decree made at the hearing and upon the merits of the suit. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right or from the commission of an act, which would be contrary to the rights of a plaintiff.

3. MANDATORY INJUNCTION – It refers to an injunction that is preferred to undo an illegal / unauthorized act which has already been done / performed i.e. to restore the things to their original position as they were. 

E.g.- A, a tenant , has built a garden terrace by making certain additions to the rented house without permission of the landlord and while B the landlord is out of station. As per the lease agreement, A isn’t permitted to do any alterations and additions or changes to the house except with the landlord’s permission. Here, B may seek a mandatory injunction to undo the garden terrace which A has built.