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What are the principles required for granting an injunction?

What are the principles required for granting an 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.

What circumstances would an injunction order be issued?

In the state of New South Wales, a court may grant an apprehended violence order (AVO) to a person who fears violence, harassment, abuse, or stalking. The order prohibits the defendant from assaulting, harassing, threatening, stalking, or intimidating the person seeking the order.

Which type of law uses an injunction?

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.

What are the three types of injunction?

Types of Injunction

  • Preliminary injunction.
  • Preventive Injunction.
  • Mandatory injunction.
  • Temporary restraining order.
  • Permanent injunction.

When can a mandatory injunction be granted?

A court can grant a mandatory injunction when an unlawful act obstructs the proper enjoyment of the plaintiff’s right of property. The court in such circumstances compels the defendant to performance of certain acts required to do.

What is mandatory injunction can injunction be issued in criminal cases?

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 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.

When can you issue an injunction?

An application for an injunction can be made once Court proceedings have begun. Alternatively, the Court can grant an injunction before the start of Court proceedings if the matter is urgent or if it necessary in the interests of justice.

What is injunction order?

Injunction means the orders of the Court directing a party to the proceedings to do or not to do certain act. Injunction may be issued only against a party and not against a stranger or 3rd party. Injunction could be perpetual or temporary.

What is the purpose of a legal injunction?

The usual purpose of an injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm (i.e., harm that cannot be adequately remedied by an award of monetary damages).

What does a legal injunction mean?

An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.

Is injunction a writ?

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 …