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Clause 'h' of Section 41 reads thus:??(h) When enqually efficacious relief can certainly,...obtained by any other usual mode of proceeding except in case of breach of trust;?5. An injunction cannot be granted, if equally efficacious relief can certainly be obtained, by any... other usual mode of proceeding.
Preliminary injunctions generally last until the end of the lawsuit. Permanent Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat, he or she may issue a permanent injunction prohibiting the threatened action indefinitely.
What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.
Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.
A temporary restraining order (often referred to as a ?TRO?) is just one of several emergency business litigation tools available to litigants facing imminent and irreparable harm to their businesses.
A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.