What is an Ex-parte Injunction?

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What is an Ex-parte Injunction? Blog Image


Courts should not grant ex-parte injunctions against the publication of a news article, barring in exceptional cases, as it may have severe ramifications for the right to freedom of speech, the Supreme Court said recently.

About Ex-parte Injunction

  • It is a court order that is issued without hearing from the other party involved in the case. It is also known as a temporary restraining order.
  • This type of injunction is only granted in emergency situations where there is a risk of irreparable harm if immediate action is not taken.
  • The court will consider the evidence presented by the person requesting the injunction and decide whether to grant it or not.

What is an Injunction?

  • In India, an injunction is a legal remedy available to parties who wish to prevent the other party from carrying out a certain action or behavior. 
  • Injunctions can be granted in a variety of situations, such as in cases of intellectual property infringement, breach of contract, or defamation.
  • An injunction is a powerful legal tool that acts as a court order requiring a party to do or cease doing specific actions. 
  • It plays a crucial role in many legal battles, serving as a preventive measure to stop legal wrongs or as a remedy to enforce rights. 
  • Injunctions are a discretionary remedy, and the court will consider various factors before deciding whether to grant an injunction. These factors may include the urgency of the matter, the balance of convenience, and the likelihood of success in the underlying lawsuit.
  • Types of Injunctions in India:
    • Temporary Injunctions: They are granted to preserve the status quo until a final decision can be reached. These are usually granted at the start of a case and can last for the duration of the legal proceedings.
    • Permanent Injunctions: They are granted after the court has made a final determination in the case. They prohibit the defendant from continuing a particular action or behavior.
    • Mandatory Injunctions: They require the defendant to carry out a particular action. They are often granted in cases of breach of contract, where the plaintiff requires the defendant to fulfill their contractual obligations.
    • Prohibitory Injunctions: They prohibit the defendant from carrying out a particular action or behavior. They are often granted in cases of intellectual property infringement or defamation.
  • In India, the law regarding injunction is provided under the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908. 
  • What happens if the party violates the injunction? If a party violates the injunction, they may be held in contempt of court and could face penalties such as fines or imprisonment.

Q1) What is the Specific Relief Act, 1963?

It is a legal statute dealing with reliefs or recovery of the damages of the injured person. This Act was enacted in 1963 following the approach that when a person has withdrawn himself from the performance of a particular promise or a contract with respect to another person, the other person so aggrieved is entitled to a relief under Specific Relief Act, 1963. This Act is considered to be in one of the branches of the Indian Contracts Act, 1872.

Source: Pre-trial injunction against news publication may have severe ramifications for freedom of speech: SC