ES अस्थायी निषेधाज्ञा से क्या तात्पर्य है? अस्थायी निषेधाज्ञा कब और किन मामलों में प्रदान की जाती है?

 Temporary Injunction: Meaning, When Granted, and Applicable Matters

1. Meaning of Temporary Injunction

A temporary injunction is a court order that restrains a party from doing or continuing a specific act until the final disposal of the suit or further orders of the court. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or injury to the party seeking relief.

Temporary injunctions are governed by Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure, 1908 (CPC).

---

2. When is a Temporary Injunction Granted?

A temporary injunction is granted when the following conditions are satisfied:

(i) Prima Facie Case

• The applicant must establish a strong legal case in his favor.
• The court must be satisfied that there is a valid and arguable right that needs protection.

(ii) Irreparable Injury

• The applicant must prove that he will suffer irreparable harm if the injunction is not granted.
• Irreparable harm means an injury that cannot be compensated by money or legal remedies.

(iii) Balance of Convenience

• The court considers which party will suffer more if the injunction is granted or refused.
• If the applicant's hardship is greater than the opponent’s inconvenience, the injunction is granted.

(iv) Urgency of the Matter

• The relief is granted before the final judgment, where immediate intervention is necessary to prevent harm.

---

3. Matters in Which Temporary Injunctions Are Granted

Under Order XXXIX Rule 1, temporary injunctions may be granted in the following cases:

(A) Protection of Property Rights

1. Risk of property being wasted, damaged, or alienated

   • If the defendant is trying to sell, transfer, or destroy the disputed property before the suit is decided.
   • Example: A landlord trying to demolish a rented property during a rent dispute.

2. Dispossession of the plaintiff

   • If there is a threat that the plaintiff may be wrongfully evicted or deprived of possession.
   • Example: A tenant facing illegal eviction without due process.

3. Infringement of Intellectual Property Rights

   • In cases of copyright, trademark, or patent infringement, an injunction may be granted to stop the unauthorized use of the plaintiff’s intellectual property.

(B) Preventing Harm in Business and Contracts

4. Breach of Contract

   • If one party is violating contractual obligations, an injunction may be issued to stop the breach.
   • Example: A supplier trying to sell goods to a third party despite an exclusive agreement with the plaintiff.

5. Restraining Unfair Trade Practices

   • If a competitor is using fraudulent business practices, an injunction may be issued to prevent financial loss.
   • Example: A company misusing a rival’s brand name to sell duplicate products.

(C) Protection of Public and Personal Rights

6. Cases of Defamation and Privacy Violation

   • If a defendant is about to publish defamatory content that will harm the plaintiff’s reputation.
   • Example: Stopping the publication of false allegations in a newspaper or online.

7. Environmental Protection and Public Interest Litigation (PILs)

   • Injunctions are granted in cases where an action may harm the environment or public health.
   • Example: Restraining a company from illegally cutting trees in a protected forest.

8. Restraining Unlawful Assembly or Nuisance

   • If an action causes public nuisance or unlawful obstruction, an injunction may be issued.
   • Example: Stopping an illegal protest that blocks a public road.

---

4. Types of Temporary Injunctions

1. Ex-Parte Injunction (Order XXXIX, Rule 3 CPC)

   • Granted without hearing the other party, only in cases of extreme urgency.
   • Example: Preventing immediate demolition of a property.

2. Interim Injunction

   • Granted after hearing both parties but remains valid only until the next hearing.

3. Temporary Injunction Until Disposal of Suit

   • Remains effective until the final judgment is passed in the case.

---

5. Conclusion

A temporary injunction is an urgent relief granted to prevent irreparable harm before the final decision of the case. It is issued in matters related to property disputes, contracts, business practices, intellectual property, defamation, public interest, and nuisance prevention. The court considers prima facie evidence, irreparable loss, and the balance of convenience before granting a temporary injunction.