Rule 1 Order XXXIX of Code of Civil Procedure 1908 "Cases in which temporary injunction may be granted"
Where in any suit it is proved by affidavit or otherwise
(a) that any property in dispute in a suit is in danger of
being wasted, damaged or alienated by any party to the suit,
or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or
dispose of his property with a view to defrauding his
creditors,
(c) that the defendant threatens to dispossess, the
plaintiff or otherwise cause injury to the plaintiff in
relation to any properly in dispute in the suit,
the Court may be order grant a temporary injunction to
restrain such act, or make such other order for the purpose
of staying and preventing the wasting, damaging, alienation,
sale, removal or dispossession of the property or
dispossession of the plaintiff, or otherwise causing injury
to the plaintiff in relation to any property in dispute in
the suit] as the Court thinks fit, until tile disposal of
the suit or until further orders.
Rule 2 Order XXXIX of Code of Civil Procedure 1908 "Injunction to restrain repetition or continuance of breach"
(1) In any suit for restraining the defendant from
committing a breach of' contract or other injury of any
kind, whether compensation is claimed in the suit or not,
the plaintiff may, at any time after the commencement of the
suit, and either before or after judgement, apply to the
Court for a temporary injunction to restrain the defendant
from committing the breach of contract or injury complained,
of, or any breach of contract, or injury of a like kind
arising cut of the same contract or relating to the same
property or right.
(2) The Court may be order grant such injunction, on such
terms as to the of the durations injunction, keeping an
account, giving security, or otherwise, as the Court thinks
fit.
Rule 2A Order XXXIX of Code of Civil Procedure 1908 "Consequence of disobedience or breach of injunction"
(1) In the case of disobedience of any injunction granted
or other order made under rule 1 or rule 2 or breach of any
of the terms on which the injunction was granted or the
order made, the Court granting the injunction or making the
order, or any Court to which the suit or proceeding is
transferred, may order the property of the person guilty of
such disobedience or breach to be attached, and may also
order such person to be detained in the civil prison for a
term not exceeding three months, unless in the meantime the
Court directs his release.
(2) No attachment made under this rule shall remain in force
for more than one year, at the end of which time if the
disobedience or breach continues, the property attached may
be sold and out of the proceeds, the Court may award such
compensation as it thinks fit to the injured party and shall
pay the balance, if any, to the party entitled thereto.
Rule 3 Order XXXIX of Code of Civil Procedure 1908 "Before granting injunction, Court to direct notice to opposite party"
The Court shall in all cases, except where it appears
that the object of granting the injunction would be defeated
by the delay, before granting an injunction, direct notice
of the application for the same to be give to the opposite
party:
Provided that, where it is proposed to grant an injunction
without giving notice of the application to the opposite
party, the Court shall record the reasons for its opinion
that the object of granting the injunction would be defeated
by delay, and require the applicant-
(a) to deliver to the opposite party, or to send to him by
registered post, immediately after the order granting the
injunction has been made, a copy of the application for
injunction together with-
(i) a copy of the affidavit filed in support of the
application;
(ii) a copy of the plaint; and
(iii) copies of documents oil which the applicant relies,
and
(b) to file. on the day on which such injunction is granted
or on the day immediately following, that day, an affidavit
stating that the copies aforesaid have been so delivered or
sent.
Rule 3A Order XXXIX of Code of Civil Procedure 1908 "Court to dispose of application for injunction within thirty days"
Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.
Rule 4 Order XXXIX of Code of Civil Procedure 1908 "Order for injunction may he discharged, varied or set abide"
Any order for an injunction may be discharged, or varied,
or set aside by the Court, on an application thereto by any
party dissatisfied with such order :
Provided that if in an application for temporary injunction
or in any affidavit supporting such application a party his
knowingly made a false or misleading statement in relation
to a material particular and the injunction was granted
without giving notice to the opposite party, the Court shall
vacate the injunction unless, for reasons to be recorded, it
considers that it is riot necessary so to do in the
interests of justice :
Provided further that where an order for injunction has been
passed after giving to a party an opportunity of being
heard, the order shall not be discharged, varied or set
aside on the application of that party except where such
discharge, variation or setting aside has been necessitated
by a change in the circumstances, or unless the Court is
satisfied that the order has caused undue hardship to that
party.
Rule 5 Order XXXIX of Code of Civil Procedure 1908 "Injunction to corporation binding on its officer"
An injunction directed to a corporation is binding not only on the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain.