Every order granting an injunction and every restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, ...
There are essentially two conditions requested for mandatory injunctions: (a) the defendant must be obliged to perform an act and any such breach of the obliged act must be claimed by the plaintiff; (b) the reliefs, as asked for, must be enforceable by the court.
A permanent injunction is allowed by the decree of the Court. It is allowed on the evaluation of the facts and circumstances of the case. Order 39 (Rules 1 to 5) of the Code of Civil Procedure, 1908 regulates temporary injunction. Permanent injunction is regulated by Sections 38 to 42 of the Specific Relief Act, 1963.
§ 9-15-14(b) authorizes an award of attorney fees when, among other things, a party “unnecessarily expanded the proceedings through improper conduct or acted to cause delay.” And an award of damages under this code section is “intended not only to sanction or deter litigation abuses but also to recompense litigants who ...
Order 39 Rule 1 CPC Property in Dispute: Where any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree.
Section 38 of the SRA, 1963, lays down the circumstances under which a permanent injunction may be granted.
Possessing a Firearm While on Probation in Georgia § 16-11-131(b). Anyone who violates this statute will have committed a felony punishable by a prison term between one and ten years. A second or subsequent conviction will result in a prison term between five and ten years.
Primary tabs. A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
Standard of Review on Appeal The district court's decision to enter a permanent injunction is generally reviewed for abuse of discretion (Court Opinions), although some courts will review the decision de novo, particularly where a question of law is involved.
In a suit for permanent injunction to restrain the defendant from interfering with plaintiff's possession, the plaintiff will have to establish that as on the date of the suit he was in lawful possession of the suit property and defendant tried to interfere or disturb such lawful possession.