Pages

Thursday, 5 February 2026

What are specialized Injunction orders which are issued by Indian courts?

 Indian courts recognize several specialized injunctions beyond the standard temporary, perpetual, mandatory, and prohibitory types, often adapted for IP, commercial, and digital disputes under CPC Order XXXIX and Specific Relief Act provisions.

IP and Evidence Preservation

1) Anton Piller Order (Search and Seizure):
Authorizes the plaintiff to enter the defendant's premises, search for, and seize infringing goods or evidence (e.g., counterfeit products, pirated copies) to prevent destruction, typically in trademark/copyright cases. Known as "John Doe" or "Ashok Kumar" order in India when defendants are unidentified; first issued by Delhi HC in Taj Television v. Rajan Mandal (2002).

2) Mareva Injunction (Freezing Order):
Restricts defendants from dissipating or transferring assets outside jurisdiction to ensure they remain available for judgment enforcement, akin to pre-judgment attachment under CPC Order XXXVIII Rule 5. Applied in fraud/asset misappropriation suits; recognized in Mohit Bhargava v. Bharat Bhushan (2007).

3) Anticipatory and Digital Reliefs

Quia Timet Injunction:
Preemptive order against apprehended (not yet occurred) rights violation, requiring strong proof of imminent irreparable harm; can be prohibitory or mandatory. Established in India via Mars Inc. v. Kumar Krishna Mukherjee (2003), Delhi HC.

4) Dynamic Injunction:
Targets rogue websites for digital piracy; blocks primary URL and automatically extends to mirror/alias sites without fresh suits, using CPC Section 151 inherent powers. Defined in UTV Software v. 1337X.TO (2019), Delhi HC, aiding IP holders against evasive online infringement.

5) Anti-Suit Injunction: An order restraining a party from commencing or continuing a legal proceeding in another court

TypeKey Use CaseGoverning BasisExample Case
Anton PillerEvidence seizure in IP raidsCPC Order XXXIX R1Taj TV v. Rajan Mandal (2002)
MarevaAsset freeze pre-judgmentCPC Order XXXVIII R5Mohit Bhargava (2007)
Quia TimetThreatened harm preventionSRA equitable discretionMars Inc. (2003)
DynamicRogue website blockingCPC S151 dynamic extensionUTV Software (2019)

No comments:

Post a Comment