How to get a restraining order

हिंदी में पढ़ें
June 09, 2016
By Advocate Chikirsha Mohanty



Restraining Orders commonly go by the term ‘Injunction’ in India. An injunction/ restraining order 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 may be either temporary, interim or interlocutory or permanent. A relief of injunction cannot be taken as a right, it is based on discretion.

Indian courts regulate the granting of a temporary injunction in accordance with the procedure laid down under Sections 94, 95 and Order XXXIX of the Civil Procedure Code, whereas, temporary and perpetual injunctions are prescribed by Sections 36 to 42 of the Specific Relief Act.

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Injunction can be further classified into two types:

 

1. Temporary Injunction

A temporary or interim injunction may be granted on an interlocutory (during the course of a suit) application at any stage of a suit. It 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. This type will be used when there is a need for immediate relief.

Section 94 (c) and (e) of Code of Civil Procedure contain provisions under which the Court may grant injunction and  Section 95 of Civil Procedure Code further provides for reasonable compensation when such injunction is proved to be of unnecessary nature.

As per Rule 3 of Order XXXIX of the Code of Civil Procedure, the power to grant an ex-parte interim injunction in exceptional circumstances also rests with the court.
 

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2. Perpetual Injunction 

A party against whom a perpetual Injunction is granted is thereby restrained forever from doing the act complained of. It can only be granted by a final decree made at the hearing and upon merits of the suit.
 
Sub-section (3) of Section 38 of Specific Relief Act in clauses (a), (b), (c) and (d) further illustrates the circumstances wherein perpetual injunction may be granted by the Court.
 
Section 41 of the Specific Relief Act, 1963, provides various circumstances in sub section (a) to (j) in which the injunction cannot be granted.
 
Further, the nature of Injunction can be preventive, prohibitive, restrictive or mandatory.

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In order to file an order of Injunction you need to consider the amount of Suit Relief and the Court in which the suit has to be filed. An application for such an order needs to be attached keeping in view the type of injunction order which is being prayed for, when the suit proceeds, with the appropriate amount of court fee.

Also note that the Hon'ble Supreme Court has observed that the Court has powers U/s.151 of Civil Procedure Code to issue an injunction in cases not falling within Order XXXIX Rule 1 and 2; however that discretion should be exercised judiciously.

It is important to note that the information provided here is for knowledge purposes only. Consult an expert lawyer before initiating such law procedures.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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User Reviews


4.7 - 24 reviews
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illegal construction on my property can I get injuction order?

Rajni on Apr 02, 2021
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how to get a restraining order form court?

Narender on Apr 14, 2021
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need a property lawyer please help

Vignesh on May 02, 2021
R
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good article. In what cases can we get injuction?

Robin on Apr 24, 2021
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what is the procedure to file for a permanent injuction?

Nagesh on Apr 22, 2021
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needed more information. Where to call?

Rajesh on Mar 27, 2021
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it’s a very nice legal article

Abhijeet on Apr 25, 2021
M
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thanks for the information

Manisha on Apr 11, 2021
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helpful in understanding the law

Srinivas on Apr 20, 2021
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amazing article

Shraddha on Apr 25, 2021
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can you share your helpline number

Yogesh on Apr 22, 2021
V
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loved the way concept is explained. Nicely written for any layman to understand.

Vikrant on Mar 19, 2021
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Nicely written article. Very comprehensive.

Abhijeet on Apr 25, 2021
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Detailed and informative.

Sheetal on Apr 29, 2021
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The article is written ver well. Learned a lot about my case through this.

Ashwin on Apr 08, 2021
P
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Tells all the legalities about the subject. Good work.

Pratik on Mar 26, 2021
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nicely explained. Thanks fro the information

Niraj on Apr 02, 2021
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good work

Sangeeta on Apr 20, 2021
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needed a lawyer….what is the procedure?

Govind on Apr 03, 2021
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nicely written. Great work

Siddharth on Mar 24, 2021
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nice legal article.

Shivani on Mar 22, 2021
V
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Gave me a very clear idea of the subject.

Vimal on Apr 03, 2021
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more info needed on the law

Madhu on Apr 15, 2021
P
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very well written

Pankaj on Apr 21, 2021

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