Types of Injunction
“Injunctions are equitable remedies found in the form of a court order which could either require a party to do or to refrain from doing a certain act. Courts generally only exercise the power to grant an injunction where the applicant party can prove that without such remedy irreversible injury to the rights of a person can result otherwise.
A party which fails to follow an injunctive order faces civil or criminal penalties and may even have to pay damages. Not adhering to the orders of an injunction is a serious offense, and it can lead to arrest and prison sentence.”
Depending on the circumstance of the case, there are various types of injunctions which the court can grant.
Where injunctions are classified based on the point of time they are granted and their duration, the Specific Relief Act 1950 provides for temporary and perpetual injunctions in Section 51 and Section 52 respectively. Whereby, on the other hand, these sections are in relation to the English Law classification of interlocutory and final injunctions. Injunctions which are obtained ex parte are normally temporary in nature because it is usually granted against a defendant who has not been served and given the opportunity to contest it. Whereas, a perpetual injunction, however, must be made inter parties since it can only be granted by the decree made at the hearing and upon the merits of the suit, as provided in Section 51(2) of the Specific Relief Act.
For the preventive role of injunctions, there are prohibitory injunctions which can be granted to prevent the breach of obligations as provided in Section 52(1) of the Specific Relief Act. Section 53 of the Specific Relief Act provides for mandatory injunctions, whereby it is used for preventing the breach of obligations and it is necessary to compel the performance of certain acts which the court is capable of enforcing. Section 54 provides 6 instances when injunctions cannot be granted while Section 55 provides for an...