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An injunction is a judicial remedy by the court in form of a prohibitory order and is a preventive relief. An order of Injunction prohibits the commission of a wrongful act that has either being threatened of or has already begun its course of action.
A party if fails to comply with the Injunction Order granted by the competent court shall then face contempt of court or civil/criminal proceedings against them
The injunction is an effective legal remedy to seek restraint against unlawful acts.
Injunction Order Can Be Granted Against Whom?
An injunction may be issued for and against individuals, corporation, partnership firm, public bodies or even State.
Provisions of such Temporary Injunctions are set out in Section 94(c) and Order 39 Rule 1 of Civil Procedure Code, 1908:
In such situations, the competent court may issue an order of Temporary Injunction, to either maintain Status Quo or give such an order that may be in favor of one party till the time the dispute is sub juice.
These are three elements upon which the facts require to be examined while granting a Temporary Injunction:
It is granted upon the final hearing, after carefully assessing the arguments of both the parties, merits, evidence and all the other aspects of the dispute.
Section 38, Specific Relief Act mentions when such a type of injunction can be granted:
As per Section 41, Specific Relief Act, 1963, an injunction cannot be granted
What is the Consequence of Disobedience or Breach of Injunction?
the Court granting the injunction or making the order, or any other Court to which the suit or proceeding is transferred, may order the property of the person in contempt to be attached, and may also order such person to be detained in the civil prison for a term not more than three months, unless released before the mentioned time as per court’s order.
In conclusion, the Injunctions are not a matter of right but a complete discretion of the court. The court thus acts judicially as per facts of each case before granting an injunction.
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