The differences between temporary and permanent injunctions will help individuals and lawyers to get such injunctions approved by the court.

Differences between Temporary and Permanent Injunctions

An injunction is a court order, that requires a person to do or abstain from doing an act that is necessary in terms of justice, and the absence of which would be contrary to good faith and good conscience. Basically, the grant of an injunction aims to restore the violated rights of a party, whereby monetary or compensatory damages are insufficient. It follows the principles of Natural Justice and Equity. The concept of injunction is a fairly simple one, and the relief granted is a preventive one. Temporary injunctions are passed in the interim during the pendency of the suit whereas permanent injunctions are passed during the judgment. However, to apply for the correct form of injunction, be it temporary or permanent injunction, it is always advisable to consult a property lawyer.

Historical Basis of Temporary and Permanent Injunctions

Historically, the law of injunction finds its origin in English Jurisprudence, and comes from the French word ‘injungere’, which translates to ‘to join’. It finds its origins in Indian law through several Indian Statutes. To specify, the statutory provisions for injunctions, according to the required law, are present in CrPC (for Criminal cases), CPC and the Specific Relief Act (for Civil matters) within the Indian Statutory framework. Each of these statutes provides for some form of injunction, depending on the situation and the case.

An injunction rarely survives as an independent legal entity. In most circumstances, it comes as an addition to another remedy. The granting of an injunction is a relative one. The approval for an injunction would vary from case to case and situation to situation and at the discretion of the court. There are primarily two kinds of injunctions, and they are (a) Temporary Injunctions and (b) Permanent Injunctions.

Temporary Injunctions

A temporary injunction is a provisional relief that aims to protect the subject matter in the existing condition, without the defendant’s interference or threat. It aims to protect the plaintiff from getting disposed of, or his property (subject matter) being destroyed or harmed, or from any injury to the plaintiff. The primary reason behind a temporary injunction is to protect the interests of an individual or entity, till the final judgement is passed. A temporary injunction, when granted, continues to remain for a specified period, or till the court deems fit.

When Can a Temporary Injunction be Granted?

The Temporary Injunction May Be Granted, Subject to Three Tests:

• whether the plaintiff have a prima facie case?
• whether the balance of convenience is in favour of the plaintiff. And,
• whether the plaintiff would suffer irreparable damage if the injunction is not granted. Now, to explain these points, let’s look into some illustrations:

Three Conditions of Temporary Injunctions

• Whether The Plaintiff Has a Prima Facie Case?
• From this illustration, it is evident that ‘A’ is suffering from a significant problem, as it indirectly affects his livelihood. Therefore, it is prima facie evident that the grant of an injunction is important.
• Whether the Balance of Convenience in Favour of the Plaintiff?
• In the above illustration, no matter who reads it, it is a common contention that the Plaintiff is suffering damage, due to which the scales of justice on his side are heavier. Therefore, it is clear that the balance of convenience is tilted towards the Plaintiff.
• Whether The Plaintiff Would Suffer an Irreparable Damage If the Injunction Is Not Granted?  
• In a situation where the court would have disagreed to grant the temporary injunction in favour of the Plaintiff, the food products in his factory would be destroyed, thereby affecting his income and causing great loss. Therefore, it is clear that the Plaintiff would have suffered irreparable damage to his goods.

What is a Permanent Injunction?

A permanent injunction (also known as perpetual injunction) is one that is delivered at the time of the final judgement, and therefore is more often than not, prevalent for a longer period of time. In this scenario, the Defendant is perpetually restrained from the commission of an act, or the abstinence from the commission of an act, which would defeat the interests of the Plaintiff.

When Can a Permanent Injunction Be Granted?

Section 38 Of The Specific Relief Act, 1963 Provides The Situations Where Perpetual Injunctions Can Be Granted, And States That: –

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

(2) When any such obligation arises from a contract, the court shall be guided by the rules and provisions contained in Chapter II.

(3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:

(a) where the defendant is trustee of the property for the plaintiff;

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(c) where the invasion is such that compensation in money would not afford adequate relief;

(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Examples of Injunctions

There are several examples of temporary and permanent injunctions. For example, under:

Section 38(1): Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

Ram is a tenant at Shyam’s flat. Shyam has specifically asked Ram to not displace the prayer room, as it had a gold statue of a deity. Ram wilfully disobeyed and tried to remove the statue.

Here, the court may grant a permanent injunction, in order for Ram to fulfil the request of Shyam.   

Section 38(2): When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.

Aryan is the co-founder of a company X. He breaches the clauses of the company rules and therefore, creates a risk of potential damage to the company’s reputation. Ayesha is the co-founder of company X too. She may attain an injunction to prevent Aryan from doing an act that would eventually aid to the destruction the reputation of the company.

Section 38(3): When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:

(a) where the defendant is trustee of the property for the plaintiff;

Seema owns a farmhouse in Dheradun. Emily is a trustee of the property and engages in some illegal activities. Here, Seema may seek an injunction to prevent further illegality.  

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

Ayush has a three-year tenancy lease at Dev’s house. Upon the expiry of such lease, Dev wanted to move back to his house. However, Ayush refused to leave or pay rent. Dev may seek an injunction as there may be a risk of him being homeless and suffer huge losses.

(c) where the invasion is such that compensation in money would not afford adequate relief;

Arjun, Karan’s school friend rents an office space from him, to set up an office. Being his friend Karan agrees to the same. However, Arjun refuses to pay rent and does not clear his dues. There is a lag of 8 months, with leads to heavy losses for Karan. He is entitled to seek an injunction in order to stop Arjun from using the office space.  

(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Arya has 7 tenants, out of which, 5 tenants have failed to pay the rent for 5 months, consecutively. She files a suit against all of them, with the same cause of action. The court may allow an injunction, in order to prevent multiple proceedings, simultaneously.

Major Differences Between Temporary and Permanent Injunctions:

A temporary injunction is granted for a specified period of time, or as adjudged by the court. It may be granted at any point during the suit.

A permanent injunction, on the other hand, is granted by the decree of the court, and upon the examination of the facts and merits of the case.

Order 39 (Rules 1 to 5) of the Civil Procedure Code, 1908, governs temporary injunctions.

Whereas, permanent injunctions are governed by sections 38 to 42 of The Specific Relief Act, 1963.

A temporary injunction is non-conclusive. Basically, it is a temporary order, rather than a permanent solution.

A permanent injunction, on the other hand, deals with the finality of a judgement, thereby providing a conclusive and long-term solution to the dispute at hand.

A temporary injunction may only focus on the Plaintiff’s side of the case and therefore may be one-sided. However, it is important to understand, that this is not always so.

A permanent injunction, on the other hand, focuses on the Plaintiff as well as the Defendant. It hears both parties, and then provides a solution.

A temporary injunction, being temporary in nature, may be revoked by the court that passes the injunction order.

However, a permanent injunction is non-revocable by the court that decides to pass such order. However, it may be revoked by an appellate or higher court.

A lack of immediate response or request by the Plaintiff may lead to a dis-approval of the grant of an injunction order.

On the other hand, a permanent injunction order allows the parties to explain, elaborate and provide for details at a later and more relaxed pace, provided there are sufficient and valid grounds for the same.

A temporary injunction is simply an order by the court.

A permanent injunction is a decree (i.e., an official order by a court of law).

Need for Injunctions

Overall, an injunction is a preventive relief that tries to look into the interests of both parties. Temporary and Permanent injunctions are important as they protect the rights of both parties. It tries to create a situation, where one party does not harm or interfere in the rights and authorities of the other party. Though an injunction is not a self-dependent relief, it is often very important for the protection of rights. Both permanent and temporary injunctions have their own perks and privileges, that are unique to every situation. It is essential to understand one’s situation and then move forward with the relief that suits them best. While doing the same, it must always be kept in mind that an injunction order is not a right in itself, however, its denial is in the sole discretion of the courts. Hence, you must always consult a property lawyer while seeking injunctions from the courts. You can also learn more about Advocate Chenoy Ceil and seek property advice.