CONDITIONS FOR GRANTING INJUNCTIONS AND TYPES OF INJUNCTIONS
An injunction is a remedy granted by the court that prohibits someone from a threatened wrong or the continuation of a wrongful course of action that has already started. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.
Types of Injunction
1. Preliminary Injunction: This is also known as an ad-interim injunction, it is assigned to a plaintiff prior to a trial. Preliminary injunction preserves the subject matter in its existing condition to prevent any dissolution of the plaintiff’s rights, and thereby render him/her the possibility of immediate relief.
2. Preventive Injunctions: This is an adjudication that forces an individual to abstain from doing an action that is preventive or negative. The injunction intends to prevent a threatened injury, preserve the status quo, and reserve the continued commission of an ongoing wrong.
3. Mandatory Injunction: This is considered as the most rigorous of all injunctions. The purpose of a mandatory injunction is to restore a wrongful state of things to the rightful order. For example, a court ordering the removal of a building or structure due to misplaced construction. When issuing a mandatory injunction, the Courts would take into consideration, whether the plaintiff could be adequately compensated or whether the grant of an injunction was necessary to do justice.
4. Temporary Restraining Order: A temporary restraining order is just what its name suggests, as the same is valid until the period of restraining order draws to a closure. The court grants it to preserve the status quo of the subject of the controversy until the hearing of an application for a temporary injunction. Through it, it also seeks to prevent any instance of unnecessary and irreparable injury.
5. Permanent Injunction: At the time of final judgement issues the permanent injunction for granting a final relief to the applicant. These injunctions remain constant if the conditions that produced them are permanent.
6. Prohibitory Injunction: A prohibitory injunction when granted by a court, prohibits the defendant from doing a wrongful act that would be an infringement of the plaintiff’s legal rights. For example, prohibitory injunctions restrain a breach of contract or to protect the disclosure of confidential information.
7. Interlocutory or Interim Injunction: An interlocutory injunction is a type of temporary injunction, an interlocutory injunction can compel or prevent a party from doing certain acts, pending the final determination of the case.
The following points are considered by the Courts while refusing or granting an interim injunction whether the:
1. Petitioner has made out a prima facie case;
2. Balance of convenience is in the petitioner’s favour;
3. Petitioner would suffer irreparable injury.
WRITTEN BY: CHAMAN LAW FIRM TEAM
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