A DETAILED ANALYSIS ON PRINCIPLES AND TYPES OF INJUNCTION
AUTHOR – BHAGYADA P.UBALE, LLM 2ND YEAR STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE
BEST CITATION – BHAGYADA P.UBALE, A DETAILED ANALYSIS ON PRINCIPLES AND TYPES OF INJUNCTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 166-171, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
“An injunction is an equitable remedy in law that compels a party to do or refrain from doing specific acts. It serves as a crucial tool to prevent irreparable harm and maintain the status quo in legal disputes”. Historically, the principles of injunction originated from English equity law and became part of Indian jurisprudence through the common law system. With the enactment of the Specific Relief Act, 1963, injunctions found a formal legislative framework in India. In modern legal systems, injunctions remain a vital equitable remedy, used to prevent harm, maintain the status quo, or compel action.Courts issue various types of injunctions like Interim, Permanent, Prohibitoary and Mandatory, based on necessity and urgency. Their application balances the rights of parties, often guided by principles such as irreparable harm, balance of convenience, and public interest. Injunctions are now widely used in civil, commercial, environmental, and intellectual property disputes to ensure fairness and prevent legal violations. The application of principles and types of injunctions lacks consistency and clarity, leading to judicial ambiguity, enforcement challenges, and ethical concerns Injunctions, guided by key principles and diverse types, are vital legal tools that balance rights, prevent harm, and ensure justice in equitable remedies. Strengthen enforcement provisions for injunctions, including more robust penalties for non-compliance, ensuring greater effectiveness in upholding judicial orders. This study aims to explore the principles guiding the issuance of injunctions and analyse the different types of injunctions, their applications, and challenges, with a view to proposing reforms for more effective and equitable legal outcomes.
Key Words – Injunction, Equitable remedy, Principles, Types of Injunction.