Interim Order For Injunction In Clark
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+ • Interim orders are temporary in nature usually till the pendency of the writ petition or the final order/judgement is passed. + • The Supreme Court in Zenit Mataplast (P) Ltd. v. State of Maharashtra held that interim orders are passed on the basis of prima facie findings, which are tentative.
The term “interim measure” covers a wide range of orders. Most interim measures are granters at an early stage of a dispute and is a temporary order given by the court that requires a party to perform or refrain from performing a specific act with a view to preserve the status quo.
An order requiring a party to do, or refrain from doing, a certain thing pending the final trial of a claim.
Principles Governing Grant of Interim Injunction: Following conditions must be fulfilled before grant of ad interim injunction under Order 39, rules 1& 2 CPC : (1) Prima facie case (2) Balance of convenience (3) Irreparable loss (4) Bona fide conduct of the party seeking injunction.
An interim injunction is often sought where the other party, if unrestrained, might cause irreparable or immeasurable damage by continuing the conduct which has led to the dispute. Interim injunctions may become permanent if the claimant is successful at trial.
Interim measures are urgent measures that apply only where there is an imminent risk of irreparable harm to a Convention right and where such measure is necessary in the interests of the parties or the proper conduct of the proceedings.
An interim injunction is provisional measure sought during legal proceedings, before trial. An injunction is an order of the court that requires a party either to do a specific act, or to refrain from doing a specific act. Interim injunctions are intended to prevent injustice pending trial.
Injunctions: An Overview It is an extraordinary remedy that courts utilize in special cases to alter or maintain the status quo, depending on the circumstances, particularly where the defendant must stop its course of action to prevent possible injustice and irreparable harm to the plaintiff.
+ • Interim orders are temporary in nature usually till the pendency of the writ petition or the final order/judgement is passed. + • The Supreme Court in Zenit Mataplast (P) Ltd. v. State of Maharashtra held that interim orders are passed on the basis of prima facie findings, which are tentative.
An interim injunction is provisional measure sought during legal proceedings, before trial. An injunction is an order of the court that requires a party either to do a specific act, or to refrain from doing a specific act. Interim injunctions are intended to prevent injustice pending trial.
