How to get a restraining order

हिंदी में पढ़ें
October 10, 2019
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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4.8 - 23 reviews
R
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how to get a restraining order form court?

Rajendra on Oct 06, 2019
S
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illegal construction on my property can I get injuction order?

Sathish on Oct 10, 2019
A
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need a property lawyer please help

Ajith on Nov 07, 2019
A
LawRatoLawRatoLawRatoLawRato

good article. In what cases can we get injuction?

Ashwin on Nov 09, 2019
K
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what is the procedure to file for a permanent injuction?

Kishore on Oct 09, 2019
M
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amazing article

Manish on Nov 01, 2019
I
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great advice. Thanks

Isha on Nov 12, 2019
N
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I want to know more about this law. Good work

Nidhi on Oct 15, 2019
A
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learned all the basics about the legal issue. Good article. Keep it up.

Anju on Oct 01, 2019
S
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nice artcile

Shikha on Oct 02, 2019
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Arti on Nov 10, 2019
K
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very good article. Please provide more information on the subject

Kuldeep on Oct 15, 2019
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thanks for the information

Shweta on Oct 18, 2019
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Very nice article.

Prateek on Nov 02, 2019
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good work

Jyothi on Sep 30, 2019
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needed more information on the law

Hari on Nov 04, 2019
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nice one. Please share more info

Pratibha on Oct 29, 2019
H
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good work

Hitesh on Oct 31, 2019
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great legal advice

Raghavendra on Nov 01, 2019
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very nice article

Nisha on Oct 14, 2019
K
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it’s a very nice legal article

Kamlesh on Oct 10, 2019
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thank you for the information

Anshul on Oct 27, 2019
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thank you for the article

Gurpreet on Nov 06, 2019

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