What are the elements of a permanent injunction?
What are the elements of a permanent injunction?
Romero-Barcelo laid out a four-step test that a plaintiff must pass to obtain a permanent injunction: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon …
What does injunction mean in literature?
injunction. noun order, ruling, command, instruction, dictate, mandate, precept, exhortation, admonition He took out a court injunction against the newspaper.
What is the temporary injunction?
A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.
What are the golden principles for granting temporary injunction?
Grant of temporary injunction, is governed by three basic principles, i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case.
When can a temporary injunction be granted?
Temporary Injunction: The temporary Injunction is been granted by the Court when the Defendant is about to the make some injury to the property of the Plaintiff or threatens the Plaintiff to dispossess the property or creates a thirty party interest in the property, then in such situation, the Court may grant a …
What is meant by injunction explain with suitable example?
An injunction is a remedy granted by the court that prohibits the commission of a wrong threatened or the continuance of a wrongful course of action already begun. If a party fails to comply with an injunction granted by a court, then the party could face criminal or civil penalties or contempt of court.
How do you draft a temporary injunction?
Necessary contents in the application for a temporary injunction
- The Court’s place of sitting or jurisdiction and the name of the judge.
- Civil suit number and the year in the prescribed manner.
- The names of the parties to the suit should be properly mentioned as plaintiffs and defendants.
When should a temporary injunction be issued?
What are the grounds of temporary injunction?
Grounds of Temporary Injunction: 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.