An injunction is a court order requiring a party to do or refrain from doing a specific act. It is an equitable remedy granted to prevent or stop ongoing harm where damages would be an inadequate remedy. Injunctions may be interim, interlocutory, or permanent, and mandatory or prohibitory.
Civil Procedure Code Order XXXIX governs temporary injunctions. High Courts and the Supreme Court grant injunctions under inherent jurisdiction (Section 151 CPC). Specific Relief Act 1963 Sections 36–42 cover perpetual and mandatory injunctions. Anton Piller-equivalent search orders are available under High Court inherent jurisdiction.
Senior Courts Act 1981 Section 37. American Cyanamid principles (1975) govern interlocutory injunctions: (1) serious question to be tried, (2) balance of convenience, (3) undertaking in damages. Super-injunctions, freezing orders (Mareva), and search orders (Anton Piller) are key variants.
Fed. R. Civ. P. 65 governs injunctions. Four-factor test (eBay v MercExchange [2006]): irreparable harm, likelihood of success, balance of hardships, public interest. TROs (Temporary Restraining Orders) available ex parte for 14 days.
An interim injunction is a temporary order preserving the status quo pending trial. A permanent (perpetual) injunction is granted after full trial and remains in force indefinitely. The standard for interim relief (balance of convenience) is lower than the standard for permanent relief (proven entitlement).
A Mareva or 'freezing order' prevents a defendant from dissipating assets before judgment. It does not give the claimant a proprietary interest in the assets but prevents the defendant from reducing assets below a specified threshold. Available in UK, Singapore, Hong Kong, India (as 'Mareva injunction').
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