Temporary/Interim injunction

Temporary/Interim injunction

Context:

A Bengaluru court Saturday granted a temporary media gag order in favor of six ministers of the government in Karnataka after they expressed apprehension of being defamed.

Concept:

Injunction is an authoritative warning or order issued by the court of equity.

The statutory meaning of Injunctions can be analyzed in various statutes such as under CrpC, CPC, and Specific Relief Act,1963 as follows:-

Under Code of Criminal Procedure under section 133,142 and 144.

Under Civil matters, the law relating to grant of Injunction is contained in Chapter VII of Part III of Specific Relief Act 1963 (sections 36-42).

Under Code of Civil Procedure 1908, Order 39 Rule 125 deals with Injunctions.

It has been termed as a preventive relief which is granted at the discretion of the court by Injunction which may be temporary or perpetual.

Section 37(1) of Specific Relief Act, deals with specific Injunctions which are such as are to continue until a specified time or until further orders of the court, they may be granted at any stage of the suit or proceedings and are regulated by Civil Procedure Code.

Types of Injunctions in the Indian Law:

Generally speaking, there are two types of injunctions as mentioned below:

• Temporary/interim Injunction
• Perpetual/Permanent Injunction

Temporary/interim Injunction

Temporary injunctions, as the name suggests, are the injunctions that are given for a specific period of time or until the court gives further order regarding the matter in concern. They can be obtained during any stage of the trial and are regulated by the Code of Civil Procedure (CPC), 1908

Permanent Injunction

A permanent injunction can be granted by the court by passing a decree made at the hearing and upon the merits of the suit. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.