LAW OF INJUNCTION

SUBMITTED TO
Mr. Rana Hayat

SUBMITTED BY
Moazum Nawaz
BL3F17M065
LLB (3 Years)
Session: 2017-20
Last Date of Submission: 02-05-2020

COLLEGE OF LAW
UNIVERSITY OF SARGODHA, SARGODHA
 TABLE OF CONTENTS
Abstract………………………………………………………………….. ii

Introduction……………………………………………………………... 1

Relevant Legal Provisions…………………………………………..... 2

Research Objectives…………………………………………………….. 3

Research Methodology Adopted……………………………………... 3

Definition of Injunction………………………………………………. 3

Kinds of Injunction…………………………………………………… 3

Temporary injunction……………………………………………….… 4

Principles……………………………………………………………… 4

Perpetual injunction…………………………………………………... 5

Preventive or Prohibitory injunction…………………………………. 5

Mandatory injunction…………………………………………………. 6

Ingredients for the Grant of an Injunction……………………………. 6

Prima facie case………………………………………………………. 7

Irreparable injury……………………………………………………… 8

Balance of convenience………………………………………………. 8

Remedy is provided for the violation of injunction…………………... 9

Literature Review And Illustration Of Injunction Through Different

Case Laws……………………………………………………………. 9

Discussion and analysis………………………………………………… 11

Conclusion………………………………………………………………. 13

References……………………………………………………………….. 14

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 ABSTRACT

This research paper deals with the Law of injunction. In this article Law of

Injunction has been defined in a very elaborative way through the help of different

research tools i.e. Books, Internet, Websites as well as Case Laws. Different kinds of

injunction are also discussed with the help of different research article. This article

discusses not only the ingredients of grant of an injunction but also tells about the

remedy available against the violation of an injunction. I try my best to search out the

relevant data about the given research topic with in short space of time. Relevant

provisions of the relevant Law dealing with the injunction have also been discussed in

this research paper.

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 LAW OF INJUNCTION

Q: Define injunction and describe its different kinds and also and discussed the

ingredients for the grant of injunction, what remedy is provided for violation of

injunction?

INTRODUCTION

This research article deals with the Law of injunction and its different kinds,

ingredients for the grant of an injunction and it also tells about the remedy for the

violation of an injunction. First of all, before proceeding further it is necessary to

know about the background of Law of injunction. The Law of injunction in our

country is having its origin in the Equity Jurisprudence inherited from England who

borrow it from Roman law. It is basic principle of our Law that if there is a right there

should be a remedy. An injunction is a judicial remedy prohibiting persons from

doing a specified act called a restrictive injunction or commanding them to undo some

wrong or injury called a mandatory injunction and it may be either temporary, interim

or interlocutory and permanent. Relief of injunction cannot be claimed as of right. It is

discretionary, equitable relief. The relief of injunction must be granted where it is

absolutely necessary. It may be granted where it would help in preservation or peace

and public order. Where there is possibility of breach of peace of public order, the

court ought to proceed with caution. An injunction is a remedy against an individual

and should be issued only in respect of act done by him against whom it is sought to

be enforced.

Injunction may be defined in such words an injunction is a judicial order, an

authoritative warning, command, directive, ruling or order by a court of Law which

restrains a person from beginning or continuing an action threatening or invading the

legal right of another, or that compels a person to carry out certain act e.g to make

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restitution to an injured party. An injunction is a court order require a person to do or

cease doing of a specific action. Temporary injunction restraining order and

preliminary injunction or temporary injunctions. A comprehensive definition of an

injunction is described in the words, an injunction is an order issued by a court that

forces the defendant, a person, corporation, or government entity, to doing something,

depending on what the plaintiff is requesting. An injunction commands an act that the

court regard as essential to justice, or it prohibits and act that is deemed to be contrary

to good conscience. It is an extra ordinary remedy, reserved for special circumstances

in which the temporary preservation of the status quo is necessary. Injunction is also

called stay order.

Relevant Legal Provisions

The courts of Pakistan regulate the granting of a temporary injunction in

accordance with the procedure laid down under section 94,95 and order XXXIX of

code of civil procedure, (1908), whereas, temporary and perpetual injunctions are

prescribed by sections 52 to 57 of the Specific Relief Act (I of 1877). Injunctions are

dealt with under the Specific Relief Act and are acted upon under Civil Procedure

Code. Order 39 Rules 1 and 2 read with section 151 C.P.C deals with it.

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RESEARCH OBJECTIVES

Following are the research objectives of this article.

i. To define Law of Injunctions

ii. To describe different kinds of injunction in details

iii. To discuss the ingredients for the grant of injunctions

iv. To tells about what remedy is provided for the violation of injunction

v. To illustrate injunction through different case Laws

Research Methodology Adopted

Research methodology adopted in this research article is theoretical. Main

sources used are books, internet and case Laws helped to know about the previous

researches done on the Law of Injunction and about the origin and significance of the

Law of Injunction.

Definition of Injunction

An injunction is defined in Halsbury's Laws as:

“A judicial process whereby a party is ordered to refrain

from doing or to do a particular act or thing.”

According to Oxford dictionary meaning of word Injunction is “a judicial

warning or a Judicial Order restraining a person from an action or compelling a

person to carry out a certain act.”

Kinds of Injunction

According to Duration Injunctions are mainly two kind’s i.e.

i. Temporary injunction.

ii. Perpetual injunction.

According to Nature injunction are categorized in two kinds

i. Preventive or prohibitoryinjunction

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 ii. Mandatory injunction

The details of these kinds are given below:

Temporary injunction

It provides that when the defendant threatens to dispossess the plaintiff or

otherwise cause injury to the plaintiff in relation to any property in dispute in suit, the

Court may grant a temporary injunction to restrain such an act or make other order for

the purpose of preventing the dispossession of the plaintiff or for the purpose of

preventing the causing of injury to the plaintiff in relation to any property in dispute.If

the defendants are creating third party interest/rights as he is trying to dispose of part

of the property, the plaintiff can claim the injunction.Temporary injunction is a

provisional remedy that is invoked to preserve the subject matter in its existing

condition. Its purpose is to prevent dissolution of the plaintiff's rights. The main

reason for use of a temporary injunction is the need for immediate relief.Section 94

(c) and (e) of Code of Civil Procedure contain provisions under which the Court may

in order to prevent the ends of justice from being defeated, grant a temporary

injunction or make such other interlocutory order as may appear to the Court to be

just and convenient. Section 95 of Civil Procedure Code further provides that where

in any suit a temporary injunction is granted and it appears to the Court that there

were no sufficient grounds, or the suit of the plaintiff fails and it appears to the Court

that there was no reasonable or probable ground for instituting the same, the Court

may on application of the defendant award reasonable compensation which may be to

the extent of the pecuniary Jurisdiction of the Court trying the suit.

 Principles

Temporary injunction depends upon following principles:

While granting temporary injunction the tests be applied are

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 (1) Whether the plaintiff has a prima facie case,

(2) Whether the balance of convenience is in favor of plaintiff and

(3) Whether the plaintiff would suffer irreparable injury if his prayer for

temporary injunction is disallowed.

Perpetual injunction

Section 53 of Specific Relief Act (1877) says that a perpetual injunction can

only be granted by the decree made at the hearing and upon merits of the suit. The

defendant is thereby perpetually enjoined from the assertion of a right from the

commission of an act, which would be contrary to the rights of the plaintiff. Section

54 of the Specific Relief Act further provides a circumstance where a perpetual

injunction may be granted in favor of the plaintiff to prevent the breach of obligation

existing in his favor. In contractual matters when such obligation arises, the Court has

to seek guidance by the rules and provisions contained in Chapter II of the Specific

Relief Act dealing with the specific performance of contracts.

Section 54 of Specific Relief Act in clauses (a), (b), (c) and (d) further

illustrates the circumstances wherein perpetual injunction may be granted by the

Court. That means in view of the section 54 when the defendant invades or threatens

to invade the plaintiff's right, or enjoyment of property the Court may grant a

perpetual injunction.

 According to Nature injunction are categorized in two kinds:

Preventive or Prohibitory injunction

Injunctions are preventive, prohibitive or restrictive, that is when they prevent,

prohibit or restrain someone from doing something. Preventive Injunctions an

injunction directing an individual to refrain from doing an act is preventive,

prohibitive, prohibitory, or negative. This type of injunction prevents a threatened

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injury, preserves the status quo, or restrains the continued commission of an ongoing

wrong, but it cannot be used to redress a consummated wrong or to undo that which

has already been done.

Mandatory injunction

Mandatory injunctions are granted generally to preserve or restore status-quo

of the last non contested status which preceded the pending controversy until the final

hearing, when full relief could be granted or to compel the undoing of those acts

which have been illegally done or the restoration of that which was wrongfully taken

from the complaining party. Before issuing temporary mandatory injunction the Court

must be satisfied that the effect of injunction would be to preserve status-quo and to

prevent irreparable injury.A temporary mandatory injunction can be issued only in

case of extreme hardship and compelling circumstances and mostly in those cases

when status-quo existing on the date of institution of suit is be restored. The

jurisdiction to issue mandatory injunction is discretionary jurisdiction which can be

exercised only in a case which falls strictly within four corners of provisions

enumerated under section 52 to 57 of Specific Relief Act 1877.

Ingredients for the Grant of an Injunction

There are three ingredients for the grant of an injunction

i. Prima facie case

ii. Irreparable injury

iii. Balance of convenience

The details of these elements are given below:

It is well settled that in granting or refusing to grant temporary injunction, the

Court has very wide discretion. The exercise of the discretion should be in a judicial

manner, depending upon the circumstances of each case. No hard and fast rule can be

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laid down for the guidance of the Court to that effect. It is well settled that while

granting injunction plaintiff must show

(I) Existence of prima facie case

(II) Balance of convenience

(III) The injury must be of an irreparable loss that cannot be compensated in

terms of money.

Prima facie case

The first rule is that the applicant must make out a prima facie case in support

of the right claimed by him. The court must be satisfied that there is a bonafide

dispute raised by the applicant, that there is a strong case for trial which needs

investigation and a decision on merits and on the facts before the court there is a

probability of the applicant being entitled to the relief claimed by him. The existence

of a prima facie right and infraction of such right is a condition precedent for grant of

temporary injunction. The burden is on the plaintiff to satisfy the court by leading

evidence or otherwise that he has a prima facie case in his favor.

Prima facie case, however, should not be confused with a case proved to the

hilt. It is no part of the court's function at that stage to try to resolve a conflict of

evidence nor to decide

Complicated questions of fact and of law which call for detailed arguments

and mature considerations. These are matters to be dealt with at the trial. In other

word, the court should not examine the merits of the case closely at that stage because

it is not expected to decide the suit finally. In deciding a prima facie case, the court is

to be guided by the plaintiff's case as revealed in the plaint, affidavits or other

materials produced by him.The plaintiff should come before the Court with clean

hands. If he suppresses material facts, documents then he is not entitled for the relief

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of injunction and further points of balance of convenience, irreparable injury even not

required to be considered in such case.

Irreparable injury

The existence of the prima faice case alone does not entitle the applicant for a

temporary injunction. The applicant must further satisfy the court about the second

condition by showing that he will suffer irreparable injury if the injunction as prayed

is not granted, and that there is no other remedy open to him by which he can protect

himself from the consequences of apprehended injury. In other words, the court must

be satisfied that refusal to grant injunction would result in 'irreparable injury' to the

party seeking relief and he needs to be protected from the consequences of

apprehended injury. Granting of injunction is an

Equitable relief and such a power can be exercised when judicial intervention

is absolutely necessary to protect rights and interests of the applicant. The expression

irreparable injury however does not mean that there should be no possibility of

repairing the injury. It only means that the injury must be a material one, i.e., which

cannot be adequately compensated by damages. An injury will be regarded as

irreparable where there exists no certain pecuniary standard for measuring damages.

Balance of convenience

The third condition for granting interim injunction is that the balance of

convenience must be in favor of the applicant. In other words, the court must be

satisfied that the comparative mischief, hardship or inconvenience which is likely

to be caused to the applicant by refusing the injunction will be greater than that which

is likely to be caused to the opposite

Party by granting it.

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  Remedy is provided for the violation of injunction

Remedies and effect for disobedience of temporary injunction is laid down in

the provisions of Order 39 Rule 2 of the Civil Procedure Code. Sub Rule (3) provides

that In case of disobedience, or of breach of any such terms, the Court granting an

injunction may order the property of the person guilty of such disobedience or breach

to be attached, and may also order such person to be detained in prison for a term not

exceeding six months, unless in the meantime the Court directs his release.

An individual who violates an injunction may be punished for Contempt of

court. A person is not guilty of contempt, however, unless he or she can be charged

with knowledge of the injunction. Generally, an individual who is charged with

contempt is entitled to a trial or a hearing. The penalty imposed is within the

discretion of the court. Ordinarily, punishment is by fine, imprisonment, or both.

 Literature Review And Illustration Of Injunction Through Different Case

Laws

Following examples and Case laws illustrate Law of injunction these Case

Laws are mention below:

(i) 2007(5) All MR 95 (Rampyaribai Sukhdeo Daga Vs. Niladevi Narayandas

Jakhotiya) in which it was held that, “It is clear that proceedings under Order

39 Rule 2 A of civil Procedure Code are absolutely independent proceedings.

So as a matter of fact the application for breach of injunction should be

separately registered as Miscellaneous Judicial case”.

(ii) In 2005 (3) All MR Page No.33 (M/s Deshmukh & Co. (Publishers) Pvt. Ltd.

vs. Avinash Vishnu Khandekar and Others),It is observed that, the grant or

refusal of a temporary injunction is subject to the following principles:

 Prima faciecase of plaintiff's legal right

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  Balance of convenience in his favor

 Whether he would suffer irreparable injury if injunction is not granted. These

conditions have to be satisfied and proof of any of them is not by itself

sufficient to obtain a temporary injunction.

(iii) In AIR 1989 Bom 247 (Baban Narayan Landge V/s Mahadu Bhikaji Tonchar

and others), it is observed that, Civil Court can issue at an interlocutory stage a

mandatory injunction so as to restore the status quo anterior to the date of

institution of a suit.

Besides the above mentioned case Laws the following examples also shows

the procedure of Law of injunction.

In the Florida presidential election controversy in 2000, the campaign of

George w. bush asked a federal appeals court for a preliminary injunction to halt the

manual counting of ballots. It sought a preliminary injunction until the U.S. Supreme

Court could decide on granting a permanent injunction. In that case, Siegel v. Lepore,

234 F.3d 1163 (11th Cir. 2000). The U.S. Court of Appeals for the Eleventh Circuit

refused to grant the injunction, stating that the Bush campaign had not "shown the

kind of serious and immediate injury that demands the extraordinary relief of a

preliminary injunction."

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 DISCUSSION AND ANALYSIS

In the light of above mentioned case Laws it may be said that Law of

injunction is based on equity jurisprudence. It is awarded by the court in special kind

of circumstances. The above given examples and case Laws which are mentioned

under the head of literature review shows that to grant the injunction is the

discretionary right of the court, which are exercise in special kind of cases. The civil

court has right to exercise its inherent power under s 151 of C.P.C. it may grant

temporary injunction upon reasonable ground as it thinks fit to maintain status quo

under Order XXXIX of C.P.C. Order 39 rule 1 states the cases in which temporary

injunction may be granted. Rule 2 of the order 39 gives right of temporary injunction

to the plaintiff to restrain the defendant from the committing a breach of contract or

other injury of any kind. Rule 2(2) describes the discretionary right of the court as to

the duration of an injunction. Rule 2(3) of the above mentioned Order tells about the

remedy of the contempt of thee court against the person who disobeys the order of the

court. In such cases court has a right to attach the property of the person breaches any

term of the court. In cases of disobedience of the Order of the court, it may Order

such person to be detained in the prison for a term not exceeding 6 month, unless in

the meantime the court directs his release. Rule 2-A of Order 39 of C.P.C states that

an interim injunction passed under rule 1 or 2 in the absence of defendant shall not

ordinarily exceed 15 days.Rule 3 of the same order it is the duty of the court to direct

notice to opposite party before granting an injunction. Rule 4 of Order 39 prescribes

the discretionary power of the civil court that order for injunction may be discharged,

varied or set aside on application made by any party dissatisfied with such order.

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 Furthermore, it can be said that injunction base on principle of equity, it

cannot granted to those persons who violate these principles. Generally, before

granting the injunction, the court must be satisfied about the following aspect,

 “Ubi Jus ibi remediam”

Where there is a right there is a remedy

 One who seeks equity must come with clean hand

 Where equity are equal the Law will prevail

 Equity follows the Law

The power to grant temporary injunction is at discretion of the court. The discretion,

however, should be expressed reasonably, judiciously on the sound legal principle.

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 CONCLUSION

To sum up it can be said an injunction is an equitable remedy and as such

attracts the application of the maxim that he who seeks equity must do equity.

Granting of injunction is entirely in the discretion of the Court, though the discretion

is to be sound and reasonably guided by Judicial Principles. The power to grant a

temporary injunction is at the discretion of the court. This discretion, however, should

be exercised reasonably, judiciously and on sound legal principles. Injunction should

not be lightly granted as it adversely affects the other side. The grant of injunction is

in the nature of equitable relief, and the court has undoubtedly power to impose such

terms and conditions as it thinks fit. Such conditions, however, must be reasonable so

as not to make it impossible for the party to comply with the same and thereby

virtually denying the relief which would be otherwise be ordinarily entitled to. The

general rule is that grant of an injunction is a matter of discretion of the court and it

cannot be claimed as of right. However, the discretion has to be exercised in a

judicious manner and in accordance with the provisions relating to the grant of

injunction contained in the specific Relief Act. It is well settled that no interim

injunction would be issued if final relief cannot be granted. When plaintiff has no

personal interest in the matter, injunction cannot be granted.

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 REFERENCES

Books

 Khan, R.S.A.,(2016) the specific Relief Act (I of 1877) with Commentary.

PLD Publishers Nabha Road, Lahore.

 Naseer, C.M.,(2019). Code of Civil Procedure (V of 1908). LAW Book

Publisher & Sellers 2-Mozang Road, Near Chowk A.G office Lahore.

Case Laws

 2005 (3) All MR Page No.33 (M/s Deshmukh & Co. (Publishers) Pvt. Ltd. vs.

Avinash Vishnu Khandekar and Others)

 2007(5) All MR 95 (Rampyaribai Sukhdeo Daga Vs. Niladevi Narayandas

Jakhotiya)

 AIR 1989 Bom 247 (Baban Narayan Landge V/s Mahadu Bhikaji Tonchar and

others)

Websites

 https://www.law.cornell.edu/wex/injunction

 https://www.tisonlawgroup.com/the-three-types-of-injunctions/

 https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.law.c

ornell.edu/wex/injunction&ved=2ahUKEwjViZLtvN3oAhUj8-

AKHR0OCsMQFjANegQIAxAB&usg=AOvVaw3huzo1O1BCVUffBT1Gs7

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 https://www.academia.edu/Documents/in/Injunctions

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 https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.repos

itory.law.indiana.edu/cgi/viewcontent.cgi%3Farticle%3D2160%26context%3

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