Petition For Injunction For Protection Against Domestic Violence
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FAQ
The Relief of Injunction is an equitable relief and he who seeks equity must do equity. Hence, a party whop asks for an injunction must be able to satisfy the court that his dealing of the matter had been fair, honest and free of any fraud or illegality.
You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities. For example, if the petitioner fails to provide evidence of one of the required elements, the injunction should be dismissed.
Injunction when refused. if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.] when the plaintiff has no personal interest in the matter.
Gurudas and Ors[2], the court ruled that it would evaluate an application for an injunction on the basis of three factors: i) the case's prima facie legality; ii) the balance of convenience; iii) irreparable harm.
In Dr. Ashis Ranjan Das vs Rajendra Nath Mullick[viii], Calcutta High Court took a view that the defendant can ask for an interlocutory injunction restraining the plaintiff from making any construction over the plot in dispute.