cpc presentation.pptx on the Injunctions

This ppt relates to the subject of civil procedure code which is based on the topic Injuction.

1. THE CODE OF CIVIL PROCEDURE, 1908 INJUNCTION CENTRAL UNIVERSITY OF SOUTH BIHAR (SCHOOL OF LAW AND GOVERNANCE) PRESENTED BY : MITALI ARYAN CUSB2013125070 B.A.LL.B(HONS.) 5 TH SEMESTER SESSION: 2020-2025 PRESENTED TO : DR. DEO NARAYAN SINGH ASSISTANT PROFESSOR DEPARTMENT OF LAW SCHOOL OF LAW & GOVERNANCE CENTRAL UNIVERSITY OF SOUTH BIHAR

2. CONTENTS 1 .) INTRODUCTION 2.) TYPES OF INJUNCTION 3.) INJUNCTION UNDER THE CIVIL PROCEDURE CODE, 1908 4.) CONCLUSION 5.) REFERENCES

3. INTRODUCTION An injunction is a judicial order that prohibits a person from commencing or continuing an action that threatens or infringes on the legal rights of another, or forcing a person to perform a certain conduct, such as making compensation to an injured party. Our country’s injunction legislation is based on Equity Jurisprudence, which was inherited from England, which took it from Roman Law. According to our legal system, if there is a right there must be a remedy. The prime objective of an interim remedy is to safeguard the  property  in question, while the parties' legal claims and competing interests are being resolved. The court has the authority to approve or reject an interim remedy in the exercise of sound judicial discretion. A temporary injunction is intended to prevent changes from being made while the legal procedure is still ongoing and to maintain the status quo. It is similar to a safeguard supplied in a party's favour to avert additional harm.

4. TYPES OF INJUNCTION According to Section 36 of the Specific Relief Act of 1963, there are essentially two types of injunctions. The phrase "Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual" appears in Section 36 of the Specific Relief Act under the heading "Preventive relief how granted." According to section 36's requirements, injunctions can be either perpetual or temporary (interlocutory). Section 37 of the Specific Relief Act defines both temporary and permanent injunctions as follows: “(1) Temporary injunctions are such as to continue until a specified time, or until further order of the court and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.”

5. 1.) TEMPORARY INJUNCTION: The procedure for granting temporary injunctions is not governed by the Specific Relief Act, 1963 but governed by the rules laid down in Order XXXIX, Rules 1 and 2 of Civil Procedure Code. A temporary measure used to maintain the status quo is an injunction. Its objective is to prevent the dissolution of the plaintiff's rights. The key justification for requesting a temporary injunction is that you require immediate relief. According to Sections 94(c) and (e) of the Civil Procedure Code, the Court may issue a temporary injunction or any other interlocutory order that, in the Court's opinion, is reasonable and convenient to prevent the goals of justice from being defeated. ( 2) “ A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act which would be contrary to the rights of the plaintiff ”.

6. Section 95 of the Civil Procedure Code, 1908 also states that if a temporary injunction is granted and the Court determines that there were insufficient grounds, or if the plaintiff’s suit fails and the Court determines that there was no reasonable or probable ground for instituting the suit, the Court may award reasonable compensation on the defendant’s application, up to the extent of the Court’s pecuniary jurisdiction. Moreover, it was determined in the case of Wander v. Antox India that "Normally, the prayer for grant of an interlocutory injunction is at a stage when the existence of the legal right asserted by the plaintiff and its alleged violation are both contested and uncertain, and remain uncertain until they are established at the trial on evidence."

7. 2.) PERPETUAL INJUNCTION Section 37(2) of the Specific Relief Act, 1963 lays down that a permanent injunction can only be granted by a decree at the hearing and upon the merits of the case. In simple words, for obtaining a permanent injunction, a regular suit is to be filed in which the right claimed is examined upon merits and finally, the injunction is granted by means of judgement. A permanent injunction therefore finally decides the rights of a person whereas a temporary injunction does not do so. A permanent injunction completely forbids the defendant to assert a right which would be contrary to the rights of the plaintiff. The conditions pre-requisite for the application of this section are: There must be an expressed or implied legal right in favour of the plaintiff; Such a right must be violated or there should be a threatened invasion; Such right must be an existing one; Should fall within the sphere of restraining provisions (referred to in section 41 of the specific relief act).

8. INJUNCTIONS UNDER THE CIVIL PROCEDURAL CODE, 1908 Sections 94 and 95 of the Civil Procedure Code, 1908 stipulate those rules to be created under which a court might direct injunctive reliefs in a specific instance, and that rules be prescribed under Order 39 . Injunctions, ex- parte ad interim and permanent, are dealt with in Order 39 (1) and (2), whilst interim measures, which may or may not be interim injunctions, are dealt with in Order 38 and especially Rule 5 where we ask someone to give security. Order 38 Rule 5: A person seeking such relief must meet a higher threshold than a prima facie case, balance of convenience, and urgent prospect of permanent harm or injury in order to qualify for interim measures under Order 38 Rule 5 of the Civil Procedure Code . The decision or the entire court process would be considered void if the relief requested under Order 38 Rule 5 is not granted.

9. In certain circumstances, the court directs the opposing party to keep particular assets or to provide security in their stead (which are extremely rare). This is done to ensure that once a decree is enacted, it is properly monetized and does not remain a paper decree. This can occur if the party against whom the injunction was issued has alienated his or her property. The courts must also guarantee that such a remedy does not result in the creation of an unsecured debt. Order 39 (1) and (2): Ex parte interim remedy is the focus of Order 39(1) and (2). Ex parte ad interim remedy is when a temporary injunction is required so that the opposing party is not alerted. Certain criteria have been established over time as a result of numerous court dictums. In Morgan Stanley v. Kartick Das, the Supreme Court held that, in most cases, a court should not provide ex parte ad interim relief behind the party’s back. Allow the opposing party to be alerted if an interim injunction is to be issued. Only in extreme instances, where the failure to award injunctions would result in grave injustice and irreversible injury, should such action be taken.

10. Order 39 Rule 3  proviso clearly states that in these circumstances, the reasons must be mentioned. The court must take into account the plaintiff's conduct, the plaintiff's prima facie averments, and whether the same are supported by documents on record in addition to the three pillars that serve as the foundation for injunctions, such as whether the plaintiff approached the court within a reasonable time or if the plaintiff was idling around his right and only went to court when the threat was at his door. When all of these arguments are considered, a judge will decide whether to grant or refuse such relief. After getting ex parte relief, a party is required to deliver a copy of the plaint and all other papers filed in the case as well as quick notice to the opposing party that an ex parte injunction has been granted against that party. A party must also file an affidavit-based compliance report, which must be done so under oath. It's also important to remember that not complying with the aforementioned regulations could have serious consequences.

11. CONCLUSION Only in cases when it is absolutely necessary should an injunction be granted. In circumstances where it would help maintain public order and peace, it might be permitted. The Court should proceed cautiously when there is a possibility of upsetting the peace or order of the community. An injunction is a remedy that should only be granted for actions that the person who is seeking to enforce it has undertaken. It has historically been utilised when an injustice cannot be sufficiently atoned for through monetary compensation, as with other equitable remedies. Following a violation of someone's rights, injunctions are utilised to restore such rights. However, courts do take into account the interests of third parties when deciding whether or not to issue an injunction (that is, the public interest). When deciding whether to grant an injunction and what its parameters should be, courts give close regard to issues of justice and good faith.

12. REFERENCES 1.) BOOKS Civil Procedure with Limitation Act, 1963 by C.K. Takwani , Eastern Book Company, 9th 2021, Reprint 2022 Universal's- The Code of Civil Procedure, 1908- Bare act- 2022 edition 2.) WEBSITES https://taxguru.in/ https://indiankanoon.org/ https://www.livelaw.in/

13. THANKS