ASSIGNMENT- DRAFTING, PLEADING AND CONVEYANCE

SUBJECT CODE: LLB 503

APPLICATION FOR PERMANENT INJUNCTION

DEPARTMENT OF LAW

TRINITY INSTITUTE OF PROFESSIONAL STUDIES

SUBMITTED TO: SUBMITTED BY:

MS. AISHWARYA TARUN SHERAWAT

ASSISTANT PROFESSOR. BA LLB 2020-2025

TIPS. SEMESTER-IX
 04520603820

APPLICATION FOR PERMANENT INJUNCTION

CONTENT:

 Introduction

 What is a permanent injunction?

 Grounds for filing an application for permanent injunction

 Legal provisions governing permanent injunctions

 Requirements for granting a permanent injunction

 Format for filing an application for permanent injunction

 Process for filing an application for permanent injunction

 Conclusion
 INTRODUCTION

An application for a permanent injunction is one of the most common types of legal
applications filed in civil courts. It serves as a remedy for individuals or entities seeking to
prevent another party from committing a wrongful act that may cause irreparable harm or
damage. A permanent injunction is a court order that requires a party to refrain from
performing a specific act permanently. It is issued by the court as a final remedy in a civil
suit after examining the evidence and determining that a legal right has been violated.

The application for a permanent injunction is typically made in cases involving disputes over
property, contracts, intellectual property rights, family matters, or other situations where
ongoing harm could occur if the defendant is not restrained. In drafting such an application,
it is crucial to understand the legal grounds on which an injunction can be granted, the
specific requirements for obtaining one, and the format in which the application must be
presented before the court.

This essay discusses the key aspects of an application for permanent injunction, including its
definition, grounds, legal provisions, format, and procedural steps involved in filing such an
application.

WHAT IS A PERMANENT INJUNCTION?

A permanent injunction is a legal remedy issued by a court that orders a party to stop doing a
specific act or to refrain from continuing a harmful or unlawful action indefinitely. Unlike
temporary injunctions, which are granted on a provisional basis pending the outcome of the
case, a permanent injunction is granted after a full hearing of the case, following a detailed
examination of facts and legal arguments.

A permanent injunction is intended to prevent future harm to the plaintiff and protect their
legal rights from being continuously violated. It is typically used when damages or monetary
compensation would be insufficient to address the injury caused by the defendant's actions.
 GROUNDS FOR FILING AN APPLICATION FOR PERMANENT
INJUNCTION

An application for a permanent injunction is typically filed in the following situations:

1. Violation of Property Rights:

When an individual’s property rights are being violated or threatened, such as
unlawful trespass, encroachment, or interference with the possession of property.

2. Breach of Contract:
When one party has committed a breach of contract, and a permanent injunction is
required to prevent further violations or non-compliance with the contractual terms.

3. Defamation or False Claims:

In cases of defamation or the spread of false information that damages a person’s
reputation, a permanent injunction may be sought to stop the defendant from
continuing defamatory actions.

4. Intellectual Property Violations:

When an individual or company’s intellectual property rights, such as patents,
trademarks, or copyrights, are being infringed upon, a permanent injunction can be
sought to stop the infringing actions.

5. Public Nuisance or Interference with Public Rights:

A permanent injunction may be granted to prevent activities that cause a public
nuisance or interfere with public rights, such as pollution, illegal construction, or
obstruction of public pathways.

6. Family Disputes:
In cases of family law disputes, such as child custody or domestic violence, a
permanent injunction may be sought to ensure that a party refrains from engaging in
harmful actions, such as preventing contact with a child or ending abusive behavior.
 LEGAL PROVISIONS GOVERNING PERMANENT INJUNCTIONS

In India, the provisions for seeking permanent injunctions are primarily governed by the
Civil Procedure Code, 1908 (CPC). The relevant sections for filing an application for a
permanent injunction are:

 Section 36 of the CPC: This section deals with the grant of injunctions, allowing a
party to file an application for an injunction if the defendant is threatening to cause
harm to the plaintiff's legal rights.

 Section 37 of the CPC: This section distinguishes between temporary and permanent
injunctions, emphasizing that permanent injunctions can only be granted after the
final hearing of the suit.

 Section 38 of the CPC: It empowers the court to grant a permanent injunction,

prohibiting a defendant from committing or continuing a specific act.

 Section 39 of the CPC: This section allows for the court to issue a permanent
injunction if there is a threat of an imminent or continuing violation of rights.

Additionally, Order XXXIX of the CPC deals with the grant of temporary injunctions, but
permanent injunctions are granted after the full trial of the case.

REQUIREMENTS FOR GRANTING A PERMANENT INJUNCTION

A permanent injunction will not be granted in all circumstances. There are specific
requirements that must be met to secure a permanent injunction:

1. Existence of a Legal Right:

The plaintiff must establish that they have a legal right that is being violated or
threatened by the defendant. The right could be related to property, contracts, or
personal rights.

2. Irreparable Harm:
The plaintiff must prove that they will suffer irreparable harm or injury if the
 injunction is not granted. This means that monetary compensation will not be an
adequate remedy for the harm caused by the defendant’s actions.

3. No Adequate Remedy at Law:

The plaintiff must demonstrate that they have no other adequate legal remedy to
address the harm. If the injury can be compensated by damages or other legal
remedies, a permanent injunction may not be granted.

4. Continuing Threat of Harm:

There must be a continuing threat of harm or violation of the plaintiff’s rights. If the
defendant has already ceased the unlawful activity, the court may be reluctant to grant
a permanent injunction unless there is a likelihood of the defendant engaging in the
same wrongful act again in the future.

5. Balance of Convenience:
The balance of convenience must favor the plaintiff. This means that the harm to the
plaintiff from refusing the injunction must outweigh the harm to the defendant from
granting it.

6. No Adequate Remedy Through Damages:

The plaintiff must prove that monetary compensation or other legal remedies are
inadequate to address the harm caused by the defendant’s actions.

FORMAT FOR FILING AN APPLICATION FOR PERMANENT

INJUNCTION

The format for filing an application for a permanent injunction is as follows:

IN THE COURT OF [Name of the Court]

Suit No. ______ of [Year]

[Plaintiff’s Name]
[Plaintiff’s Address]
(Plaintiff)

VERSUS

[Defendant’s Name]
[Defendant’s Address]
(Defendant)

Application for Permanent Injunction

The Plaintiff respectfully submits as follows:

1. That the Plaintiff is a [nature of the plaintiff's right] and is in lawful possession
of the property situated at [address of the property].

2. That the Defendant has [describe the defendant’s actions causing the harm or
violation of rights], which has caused irreparable harm to the Plaintiff’s rights.

3. That the Plaintiff has repeatedly requested the Defendant to cease the unlawful
act, but the Defendant has continued to [violate the plaintiff’s rights or cause
harm].

4. That the Plaintiff is likely to suffer further irreparable injury if the Defendant’s
actions are not restrained permanently.

5. That there is no adequate remedy available to the Plaintiff except for the grant
of a permanent injunction.

6. That the Defendant’s actions are causing or will continue to cause substantial
harm to the Plaintiff’s rights, and the balance of convenience favors the Plaintiff.

PRAYER

The Plaintiff respectfully prays that the Hon’ble Court may be pleased to:

a) Grant a permanent injunction restraining the Defendant from [describe the specific act to
be restrained, e.g., trespassing on the property, using the trademark, etc.].
b) Pass any other order or relief that the Hon'ble Court deems fit and proper in the interest of
justice.

Verification

I, [Plaintiff’s Name], do hereby declare and verify that the contents of this Application for
Permanent Injunction are true to the best of my knowledge and belief, and nothing has been
concealed therein.

Verified at [Place], on this [Day] of [Month], [Year].

[Plaintiff’s Signature]
Plaintiff

PROCESS FOR FILING AN APPLICATION FOR PERMANENT

INJUNCTION

1. Preparation of the Application:

The first step is to prepare the application in the proper format, ensuring that all
relevant facts, grounds, and legal provisions are correctly mentioned.

2. Filing the Application:

The application for a permanent injunction is filed in the appropriate civil court with
jurisdiction over the matter. The plaintiff must pay the requisite court fees and submit
all necessary supporting documents, such as property ownership records, contracts, or
evidence of harm caused by the defendant.

3. Court Hearing:
After the application is filed, the court schedules a hearing, where both the plaintiff
and defendant may present their arguments. The court will examine the evidence and
decide whether a permanent injunction should be granted.

4. Order of the Court:

If the court finds merit in the application, it will issue a permanent injunction order
 restraining the defendant from continuing the harmful act. The court may also impose
conditions for compliance with the injunction.

CONCLUSION

An application for a permanent injunction is a vital legal remedy in the civil law domain,
enabling individuals to protect their rights from ongoing harm. The process requires a clear
understanding of legal rights, evidence of irreparable harm, and a proper legal basis for
seeking such relief. The format for filing a permanent injunction application follows strict
procedural rules, ensuring that the court has all necessary information to make a fair and just
decision. By following the proper legal processes, parties can secure protection for their
rights and prevent further violations of those rights.