Injunction Definition 

An injunction is a judicial process whereby a party is required to do, or to refrain from doing, any particular act. It is a remedy in the form of an order of the court addressed to a particular person that either prohibits him from doing something or continuing to do a particular act or orders him to carry out a certain act. 

In-State of Rajasthan vs Randheer Singh, the High Court of Rajasthan while defining injunction has said that injunction is such a specific order of the court which is issued to prevent such wrongful act which has been commenced or to prevent the threatening to commence such act. 

Stay and Injunction difference 

STAY ORDER:
An order of stay indicates any of the following :
•    stoppage
•    arrest
•    suspension of judicial proceedings
An order of stay is primarily passed against the execution of a decree. A stay order is made against the execution of a decree to enable the one against the interests of whom the decree has been passed to appeal to an appellate court against such a decree. Such an order prohibits the commencement of any proceeding.
An order of stay of proceedings may also be made:
•    against a sale
•    in a suit against a corporation
•    in a suit involving a minor
•    summary suits
•    in case of reference to a High Court

An order of stay of proceedings is available to the Civil Courts, Supreme Court and the High Courts.
INJUNCTION ORDER:
An injunction order compels a person to do or not to carry out a particular action.
They are of various types:
•    Temporary: It is granted during the pendency of the suit based on various factors such as preservation of status quo, balance of convenience, a prima facie case, irreparable injury, etc.
•    Permanent: It permanently prohibits or mandates a person to do certain actions.
•    Preventive: They are the ones that restrain actions.
•    Mandatory: They are the ones that compel actions.
•    Ad-interim:Granted during pendency of APPLICATION and operative till its disposal.
•    Interim: Granted at disposal of application and operative till disposal of the SUIT.
A party that fails to obey an injunction:
•    faces criminal or civil penalties
•    possible budgetary sanctions
•    imprisonment
•    charged with contempt of the court

Main Differences between injunction order and stay order are as follows:

1] Proceedings:
Proceedings were taken in violation of:
A] A stay order is void
B] An Injunction order is not void but subject to punishment.
2] Existence:
A] Stay order come to exist only when it is communicated to the court to which it is issued
B] Injunction operates as soon as it is issued

3] An order of stay operates against a court while an injunction is applicable against a person

Types of Injunction 

1 Temporary Injunction 

Temporary injunctions, as the name suggests, are the injunctions that are given for a specific period of time or until the court gives further order regarding the matter in concern. 
The effect of such an injunction remains till the final disposal of the case or till further orders. The main objective of this is to provide security, protection, and preservation of the property. 

2 Permanent injunction 

It is issued at the finalization of the suit by means of a decree and its effect remains forever. 

3 Prohibitory injunction

A prohibitory injunction is a court order which prevents someone from carrying out a particular act. Such as to prevent from doing any construction work, illegal possession and selling any property. 

4 Mandatory Injunction 

It is the fourth type of injunction. It is known as a mandatory injunction. It is such a type of injunction whereby order is issued to any party to do a particular act in a particular way. 

When an injunction can be issued?

Under Rule 1, Order 39 of Civil Procedure Code 1908, circumstances have been mentioned under which injunction can be issued.  
When in any suit, it is proved by an affidavit or otherwise that - 
(1) The possibility exists for the disputed property to be destroyed, damaged or transferred 
(2) The defendant threatens the plaintiff to dispose of or damage his property. 

The court can issue a temporary injunction to be effective until the finalization of the case or till further orders to prevent the property from 
(a) Being destroyed 
(b) Being damaged 
(c) From being transferred 
(d) from being sold
(e) from being removed 
(f) from being changed 
(g) from dispossession 

The injunction can be issued to prevent publication of defamatory matter in a newspaper 

Principles of Injunction
(a) Prima facie case;
(b) irreparable loss;
(c) Balance of convenience

In Nagrao Vs Nagpur Improvement Trust the Bombay High Court has decided that for issuing an injunction, the compliance of all the three conditions as above is necessary. 
Provisions have been made under Rule 4, Order 39 of the code as regards amendment, change and setting aside of injunction.

The order for a temporary injunction may be amended, discharged, varied and set aside under the following circumstances. 
(a)    Where the material things have been hidden or false and misleading statements have been given for getting an injunction, then the court can vacate such injunction. 
(b)    Where the circumstances have changed after issuing an injunction, then the court can amend or vacate such injunction 
(c)    Where the court decides that due to order for injunction being issued, the hardship is caused to the party, then such order may be discharged, set aside or varied. 

In S.Rajindhar Singh Vs S.Dalip Singh Delhi High Court has decided that if any person gets ex-parte injunction by suppression of facts, such injunction should be set aside; 

According to Rule 2, Order 39 if any party disobeys or breaches the order of injunction then - 
(a) His property will be attached. Such attachment will remain in force for one year. 
(b) He may be put to civil prison for a period not more than three months, or 
(c) he can be penalized for contempt of court.