Quick Answer: When Can An Injunction Be Granted?

What is injunction and its types?

An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or ….

How long does an injunction last?

If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party’s request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).

Can defendant file application for temporary injunction?

In Suganda Bai’s case (supra) what has been laid down is that it is only where the defendant’s claim to interim relief arises out of the cause of action in the suit or is incidental to it, that he can ask for a temporary injunction against the plaintiff.

When can a mandatory injunction be granted?

Section 55 enables the issuance of an injunction to prevent the breach of an obligation and to compel performance of acts which are necessary to prevent such breach. A court can grant a mandatory injunction when an unlawful act obstructs the proper enjoyment of the plaintiff’s right of property.

What is the difference between a mandatory injunction and a prohibitory injunction?

Primary tabs. A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.

When can a civil court grant temporary injunction?

Section 37 of Specific Relief Act, 1963 provides that “temporary Injunction are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit.” The procedure for seeking temporary injunction has been provided under Order XXXIX of the Code of …

How many types of injunctions are there?

two kindsInjunctions are of two kinds, the one called the writ remedial, and the other the judicial writ.

Can the defendant pray for an order of injunction?

From the above, it is clear that in a suit filed by the plaintiff, it is open to the defendant to file an application only U/o XXXIX Rule 1(a) of CPC seeking temporary injunction and the Court on being satisfied that a case is made out for grant of such injunction, can grant the same in its discretion.

What is meant by temporary injunction?

temporary injunction. n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.

What is an example of an injunction?

Injunctions are also used by a court when monetary restitution isn’t sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.

When can be an injunction may be refused by the court?

The relief of injunction may be refused on the ground of delay, laches or acquiescence or whether the applicant has not come with the clean hands or has suppressed material facts, or where monetary compensation is adequate relief. As per amended Sec. 9-A (2) of the C.P.C.

How long does it take to file an injunction?

If you believe that someone is likely to take an action that will violate your rights, you can ask a court to issue a preliminary injunction prohibiting (“enjoining”) the action until the case between the parties is over. It takes more than three weeks to get a preliminary injunction.

What is suit for injunction?

A suit for injunction is a very common and effective remedy against any mischief played by a third-party. All the civil courts are empowered to issue injunctions. An injunction may be issued for and against individuals, public bodies or even State.

What can an injunction do?

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. … Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability.

What is the difference between a temporary restraining order and an injunction?

Temporary Restraining Orders: A temporary restraining order (TRO) is an order by the court immediately prohibiting a threatened action. … Preliminary Injunctions: A preliminary injunction is an order prohibiting an action, to preserve the status quo while the underlying court case is decided.

In what cases temporary injunction can be granted?

O39 R1 provides that Temporary Injunction may be granted by court: Property in dispute is in danger of being WASTED, DAMAGED or ALIENATED by any party to the suit, or WRONGFULLY SOLD IN EXECUTION OF DECREE. Where defendant: THREATENS or INTENDS TO REMOVE or DISPOSE OF HIS PROPERTY with a view to defraud creditors.

When can a perpetual injunction be granted?

per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.

What is temporary and permanent injunction?

A temporary injunction is granted for a specified period of time, or as adjudged by the court. It may be granted at any point during the suit. A permanent injunction, on the other hand, is granted by the decree of the court, and upon the examination of the facts and merits of the case.