Assets Taxable Under Wealth Tax in India

 Types of Injunctions

1. Temporary Injunctions

• Defined under Section 37(1) of the Specific Relief Act.
• These are granted for a limited period, usually during the pendency of a suit.
• Purpose: To maintain the status quo and prevent irreparable harm until the final decision is made.
• Governed by Order 39, Rules 1 and 2 of the CPC.

Grounds for Granting Temporary Injunctions:

• Prima Facie Case: A strong initial case in favor of the applicant.
• Irreparable Injury: The applicant would suffer harm that cannot be compensated monetarily.
• Balance of Convenience: Greater inconvenience to the applicant if relief is denied compared to the respondent if granted.

Example:

Stopping construction on disputed land during a property dispute.

 

2. Permanent Injunctions

• Defined under Section 37(2) of the Specific Relief Act.
• These are granted after the trial, as a final relief, and continue indefinitely.
• Purpose: To permanently restrain a party from an act or to mandate an action.

Example:

Restraining a person from polluting a river permanently.

 

3. Prohibitory Injunctions

• Restrain a party from performing a specific act that infringes on the rights of another.
• These can be temporary or permanent.

Example:

Restraining a person from trespassing on another's property.

 

4. Mandatory Injunctions

• Defined under Section 39 of the Specific Relief Act.
• Compels a party to do a specific act to rectify a wrongful situation or restore the plaintiff’s rights.

Example:

Directing the demolition of an unauthorized construction on another’s land.

 

5. Interlocutory Injunctions

• Granted during the pendency of a suit to maintain the status quo.
• They are a subset of temporary injunctions.

 

6. Preventive Injunctions

• Aims to stop a party from committing an act that may harm the plaintiff's rights.
• These include prohibitory injunctions.

 

7. Perpetual Injunctions

• A type of permanent injunction that is absolute and continues for an indefinite period unless revoked by the court.

 

Other Special Types of Injunctions

1. Ex-Parte Injunctions

• Granted without notifying the other party, in urgent situations where delay might cause irreparable harm.
• Governed by Order 39, Rule 3 of the CPC.

Example:

Restraining a party from selling property without prior notice.

 

2. Anton Piller Orders

• A special type of injunction directing a party to allow inspection of their premises or materials to prevent destruction of evidence.

 

3. Mandatory Interim Injunctions

• Compel a party to perform an act during the pendency of the suit.

 

Restrictions and Limitations on Injunctions

Under Sections 41 and 42 of the Specific Relief Act, courts may refuse to grant an injunction in the following cases:

• To restrain lawful acts.
• When an equally efficacious remedy exists.
• To prevent performance of a statutory duty.
• Against public interest.

 

Key Judicial Precedents

1. Kuldip Singh v. Subhash Chander Jain
• The court held that injunctions are discretionary remedies based on the principles of equity.
2. Dalpat Kumar v. Prahlad Singh
• Established the conditions for granting temporary injunctions: prima facie case, irreparable injury, and balance of convenience.

 

Conclusion

Injunctions serve as powerful tools to prevent harm and protect rights by restraining wrongful acts or mandating corrective actions. Courts exercise this remedy with caution, ensuring that the principles of justice, equity, and good conscience prevail. The type of injunction granted depends on the circumstances of the case and the specific rights sought to be protected.