This document discusses different types of injunctions under contract law in India. It outlines three main types: temporary injunctions which last until a specified time or court order; permanent/perpetual injunctions which can only be granted by final decree after hearing the full case merits; and mandatory injunctions which compel certain acts to prevent a breach of obligation. It provides examples to illustrate the differences between temporary and perpetual injunctions, noting temporary injunctions are provisional while perpetual injunctions constitute a final decree. The conclusion states that injunctions can restrain parties threatening breach when specific performance or damages are not possible remedies for an agreement.
2. INTRODUCTION
An injunction is an equitable remedy in the form of
a court order that demands a party must do or
must not do certain acts.
3. TYPES OF AN INJUNCTION
1.TEMPORARY INJUNCTION
2.PERMANANT/PERPETUAL INJUNCTION
3. MANDATORY INJUNCTION
4. (1)Temporary injunctions are such as to continue until a specified time, or
until further order of the court and they may be granted at any stage
of a suit, and are regulated by the code of civil procedure,1908.
STATE OF ORISSA VS MADAN GOPAL AIR(1952)
.
(2) Perpetual injunction can only be granted by the decree made at the
hearing and upon the merits of the suit, the defendant is thereby
perpetually enjoined from the assertion of a right, or form the
commission of an act which would be contrary to the rights of the
plaintiff.
SUNIL KUMAR VS RAM PRAKASH AIR( 1988)
5. MANDATORY INJUNCTIONS
“Mandatory Injunction As per section 39 of the Specific Relief Act,1963
reads as when to prevent breach of an obligation is necessary to
compel the performance of certain acts which the court is capable of
enforcing the court may in its discretion grant an injunction to prevent
the breach complained of and also compel the performance of
requisite acts"
6. DIFFERENCE BETWEEN TEMPORARY
AND PERPETUAL INJUNCTION
TEMPORARY INJUNCTION PERPETUAL INJUNCTION
1.This injunction is to continue until the
specific time.
2.It is provisional in nature.
3.It can be granted at any stage of the
suit.
4.It can be granted at the discretion of
the court.
5.It is a mere order.
1.It can only be granted by a decree made
at hearing.
2.It is permanent in nature.
3.It is granted upon the merits of the suit.
4.It can only be granted upon the merits of
the case and at the final hearing of the suit
5.It is a decree.
7. CONCLUSION
There are cases in which the nature of agreement does not admit specific
performance, nor damages likely to serve the purpose. In such cases,
the court may restrain the party threatening the breach way of on
injunction. Further it should be noted that on interim injunction can
only be granted when a perpetual injunction is prayed for in a suit.
