Temporary Injunction Hearing Texas Without Consent
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FAQ
Order IX, Rule 2: This rule lays out the conditions that must be met for a temporary injunction to be granted. These conditions include having a strong initial case, a balance of convenience and the potential for irreparable harm.
The Apex Court has time & again propounded Triple Test Doctrine for the grant of temporary injunction- existence of Prima Facie Case, Balance of Convenience & Doctrine of Irreparable Injury but more importantly all these tenets must coexist together to enable the Courts to exercise their judicial discretion in favour ...
Temporary injunction is not to be granted when the order would be in fructuous as the act sought to be restrained has already been done. No injunction is to be passed when the suit is prima facie barred by limitation as in such case the plaintiff cannot have a. prima facie case.
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.
The court will consider whether the plaintiff had acquiesced for some time and in such circumstances, it will not grant an ex parte injunction. General principle like prima facie case, balance of convenience and irreparable loss would also be considered by the court.