Injunction Procedure Bangladesh: How to Stop Illegal Action by Court Order

An injunction is a judicial order requiring a party to do (or refrain from doing) a specific act. In Bangladesh, injunctions are governed by the Specific Relief Act 1877 (Sections 52–57) for perpetual injunctions, and the Code of Civil Procedure 1908 (Order 39) for temporary injunctions.

Injunctions are equitable remedies — courts grant them at their discretion when they determine that ordinary monetary remedies would be inadequate or that irreparable harm would result without the order. Contact a civil lawyer in Dhaka immediately if you need urgent injunctive relief.

Bangladesh courts issue two broad categories of injunction:

• Prohibitory (Restrictive) Injunction: Prevents the defendant from doing something — the most common type. E.g., stop selling disputed property, stop using a trademark, stop construction on land in dispute.
• Mandatory Injunction: Orders the defendant to do something positive — e.g., restore possession of property, remove an illegal structure built in violation of a court order. Courts grant mandatory injunctions more rarely and only in clear cases.

These differ in duration and purpose:

• Temporary (Interim) Injunction: Granted at the beginning of a case to preserve the status quo until the final hearing. It is not a final determination of rights — just a holding order. Governed by Order 39 CPC.
• Perpetual Injunction: Granted at the end of a suit as a final remedy, permanently restraining the defendant. Governed by the Specific Relief Act 1877.

Most urgent situations require a temporary injunction first. The court will fix a date for both sides to be heard to determine if the injunction should continue through the trial.

Bangladesh courts apply the three-pronged test before granting a temporary injunction. The plaintiff must establish all three:

1. Prima Facie Case: There is a serious question to be tried — the plaintiff's claim appears to have merit on preliminary examination.
2. Balance of Convenience: The harm to the plaintiff if the injunction is refused outweighs the harm to the defendant if the injunction is granted.
3. Irreparable Injury: The plaintiff would suffer harm that cannot be adequately compensated by money damages if the injunction is not granted.

The applicant typically must provide an undertaking as to damages — a promise to compensate the defendant for losses if the injunction is later found to have been wrongly granted.

The procedure for obtaining a temporary injunction:

1. File the main suit: A temporary injunction cannot be obtained standalone — it is an interlocutory application within a main civil suit.
2. File the injunction application: Simultaneously or very soon after filing the suit, file an application under Order 39 CPC stating the grounds for urgency and the three-pronged test.
3. Affidavit in support: Attach a sworn affidavit verifying the facts and the urgency of the situation.
4. Court hearing: The court can hear both parties (inter partes) or issue an ex parte order if the case is urgent.
5. Show Cause: If an ex parte order is granted, the defendant is given a date to appear and show cause why the injunction should not continue.

A Dhaka civil lawyer can prepare and file an injunction application on an emergency basis — sometimes within a single day when the urgency is dire.

Breach of a court injunction order is treated as contempt of court in Bangladesh — a serious matter with significant consequences:

• Imprisonment for a term determined by the court
• Fine imposed by the court
• Attachment and sale of assets
• In property cases: the breaching construction may be ordered demolished

If someone is defying an existing court injunction order against you, apply immediately to the court that issued the order to initiate contempt proceedings. Our civil lawyers handle urgent contempt applications in Dhaka civil courts.

In urgent cases, a court can issue an ex parte temporary injunction on the same day the application is filed. The defendant is then given notice and a date to contest the order.

No. A temporary injunction is an interlocutory application within a main civil suit. You must file the suit and apply for the injunction simultaneously or shortly after.

Non-compliance with a court injunction constitutes contempt of court. Apply to the court that issued the order for contempt proceedings, which can result in the defendant's imprisonment and/or fine.

It is very difficult to obtain injunctions against banks executing security for loans. Courts are generally reluctant to prevent legitimate banking operations. However, injunctions may be available in cases of clear procedural error.

A temporary injunction remains in force until the final disposal of the suit, unless vacated earlier by the court on an application by either party.