Injunction
/ɪnˈdʒʌŋkʃən/
Legal Remedy / Court Order
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Definition
A court order restraining a party from doing (prohibitory injunction) or compelling them to do (mandatory injunction) a specific act. May be temporary (interim, until trial) or permanent (after final hearing). Governed by Sections 36–42 of the Specific Relief Act, 1963 and Order XXXIX CPC. For a temporary injunction, the court applies three tests: prima facie case, balance of convenience, and irreparable injury.
Examples
Case Study
The Supreme Court in Gujarat Bottling Co. v. Coca Cola Co. (1995) comprehensively applied the three-pronged test for temporary injunctions — prima facie case, balance of convenience, and irreparable injury — in a complex trademark and franchise dispute.
Key Cases
Gujarat Bottling Co. v. Coca Cola Co.
1995(1995) 5 SCC 545
Leading Indian authority on interlocutory injunctions. Comprehensively applied prima facie case, balance of convenience, and irreparable injury tests in a franchise and trademark dispute.
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