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Types And Characteristics Of Injunctions Essay

839 words - 4 pages




INJUNCTION - Introduction
An Injunction is an equitable remedy, it is an order given by court under which a person has to do or cease doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking specific action is required in order to prevent injustice.
An injunction is a specific order of the court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some cases, when it is called mandatory injunction commanding active restitution of the former state of things.
In Burney’s Encyclopedia of Laws of England it is defined as “a judicial process by which one, who has invaded or is threatening to invade the rights (legal or equitable) of another, is restrained form continuing or commencing such wrongful act.”
Joyce defines injunction as “ An order remedial, the general purpose of which is to restrain the commission or continuance of some wrongful act of the party informed”
Lord Halsbury is most explicit when he says: “An injunction is a judicial process where by a party is ordered to refrain from doing or to do a particular act or thing.”In former case it is called restrictive injunction and in the latter case it is called mandatory injunction.
It is the discretionary power of the court. Here the court decides after observing that whether the plaintiff’s right are being violated, it balances the irreparability of injuries and inadequacy of damages.
Injunction can be availed only in cases of in-personam jurisdiction and not in the case of in-rem.
Injunctions are either restraining or requiring performance of a specific act in order to give effect to the legal rights of the applicant.
An injunction that prevents a course of action is said to be prohibitive in nature, and this is the traditional essence of injunctive relief. Somewhat rarer, yet not too distant from this core principle, are mandatory injunctions that compel some behavior of the person to whom they are directed.
Earlier an injunction was a writ issuing by order and under seal of a court of equity. It was preventive rather than retroactive. For instance it may contain a direction to the party to yield up or to quiet or continue the possession of the land or other property which constitutes the subject-matter of the decree in favor of the other party.
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