Interim Order For Injunction In Fulton
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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 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 restraining orders (TRO) and preliminary injunctions are equitable in nature.
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.
A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.
An injunction may be temporary, in place until judgment is entered (called a preliminary injunction in the US and an interim injunction in the UK), or permanent, continuing after the conclusion of proceedings either perpetually or until a specified date (a final injunction).
(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
Winning the Case: To secure a preliminary injunction, the plaintiff must demonstrate a strong chance of winning the case, significant harm without the injunction, greater fairness compared to the other party, and public benefit.
Examples: Permanent injunctions are often issued in cases involving ongoing nuisances, such as a factory emitting harmful pollutants, or in cases of trademark infringement, where a company is permanently prohibited from using a trademark that belongs to another business.
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.
