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Kapil Chandna

Advocate, practicing in Supreme Court of India

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In junction is defined as a court order in which an individual is asked to perform a particular act.

It is also a writ which will be framed under certain circumstances of the case.

 

Preliminary Injunction

A preliminary injunction is a remedy that will be invoked for preserving the subject matter in the existing conditions. The main of this injunction is is to prevent dissolution of the plaintiff’s rights. It is mainly used when there is a need for immediate relief.

This injunction is never granted automatically. The decision of the court will be needed, that maintains the status quo till the final trial. Such preference will be exercised against a temporary injunction when the issuance will alter the status quo.

Mandatory Injunctions

The court is vested with a variety of discretion that contains the injunctive relief. It will restrict to restraint of the threatened action. It can compel Specific Performance of the act. In such situations, a mandatory injunction will be commanded for the performance of the positive action.

Mandatory injunctions are always considered to be harsh, This injunctions courts will never favor them, They are rarely granted. So it is issued to compel the removal of buildings or in cases where other structures are wrongfully placed on the land of his injunction are not conclusive to the rights of the parties

. They will not be able to determine the merits of the case. Also, they cannot be used to decide the issues of controversy. It will always ensure the ability of the court to render the meaningful decision. It always helps to prevent the change of circumstances which cause the hampering of the proper relief in the merits of the case.

Preventive Injunctions

It is the injunction that will direct an individual for refraining from doing an act which will be preventive and negative. This injunction prevents the threatened injury. It can preserve the status quo. Also, it will restrain the continued commission of an ongoing wrong. It cannot be used to restore a  or to undo anything which has already been done.

Permanent Injunctions

A permanent injunction is one that will grant the judgment which is ultimately disposed of the injunction suit. It will be ordered at the time of final judgment. This injunction cannot be used for final relief. It will provide the conditions that will produce to remain permanent. It is granted to prevent the blasting of neighboring premises. It will ensure the dumping of earth or other material depending on the land. It is also used to prevent pollution of the water supply.


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