Q. What is an injunction? Differentiate between prohibitory and mandatory injunctions with examples.
Meaning of Injunction
An injunction is a judicial order directing a party to do or refrain from doing a particular act. It is an equitable remedy provided by courts to prevent harm or preserve rights, instead of granting monetary compensation.
In simple words, when legal damages are insufficient to protect rights, a court may issue an injunction to restrain or compel a party.
The law relating to injunctions in India is governed by the
Specific Relief Act, 1963.
Types of Injunctions
1) Prohibitory Injunction
A prohibitory injunction restrains a party from committing a specific act that may cause harm or violate rights. It essentially “prohibits” someone from doing something which they are otherwise planning to do.
Example:
Ravi intends to open a shop in the same building leased by Suresh in violation of lease terms. The court may issue a prohibitory injunction restraining Ravi from opening the shop.
2) Mandatory Injunction
A mandatory injunction directs a party to perform a specific act, usually to correct a wrongful situation or to fulfill obligations. It “mandates” action by a party to prevent injustice or harm.
Example:
Ravi removes a boundary wall of Suresh’s property illegally. The court may issue a mandatory injunction directing Ravi to restore the wall to its original position.
Differences Between Prohibitory and Mandatory Injunctions
| Feature |
Prohibitory Injunction |
Mandatory Injunction |
| Purpose |
To restrain an act |
To compel an act |
| Action |
Stops the defendant from doing something |
Requires the defendant to perform a specific act |
| Timing |
Preventive in nature |
Corrective in nature |
| Example |
Preventing Ravi from opening shop |
Directing Ravi to rebuild wall |
Conclusion
Injunctions are important equitable remedies to prevent injustice where damages are inadequate. Prohibitory injunctions stop wrongful acts, while mandatory injunctions compel corrective acts. Courts carefully use these remedies to ensure fairness.
One-Line Exam Memory Tip
A prohibitory injunction restrains action; a mandatory injunction compels action, both protecting rights when damages are insufficient.