This form is a Temporary Restraining Order and Order to Show Cause regarding a Preliminary Injunction to be used in connection with a trade secrets claim.
This form is a Temporary Restraining Order and Order to Show Cause regarding a Preliminary Injunction to be used in connection with a trade secrets claim.
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The Plaintiff / Applicant, above named, respectfully submits as under: 1. That the Plaintiff has filed the above titled suit against the Defendant / Respondent for decree of Specific Performance of Agreement to Sell dated and Memorandum of Understanding dated and same is pending before this Hon'ble Court.
The discretion of the court is exercised to grant a temporary injunction only when the following requirements are made out by the plaintiff: (i) existence of a prima facie case as pleaded, necessitating protection of the plaintiff's rights by issue of a temporary injunction; (ii) when the need for protection of the
Conditions for Grant of Temporary Injunctions: Prima facie case lies in favor of plaintiff and against defendant. Balance of convenience. High probability of case decision in favor of plaintiff. Irreparable loss to plaintiff in case of non-grant of injunctions.
Definition: 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 Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.
1 : a writ granted by a court of equity whereby one is required to do or to refrain from doing a specified act.
"A defendant can move for a temporary injunction against the plaintiff without filing a counter-claim only when and where the relief claimed arises out of plaintiff's cause of action or is incidental to it."
Temporary Injunction: The temporary Injunction is been granted by the Court when the Defendant is about to the make some injury to the property of the Plaintiff or threatens the Plaintiff to dispossess the property or creates a thirty party interest in the property, then in such situation, the Court may grant a
Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.
28 U.S.C. § 158(a)(2). Other interlocutory orders are appealable only with leave of the court. Preliminary injunctions are interlocutory orders that fall into the last category.
(a) A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party to an administrative case or any third person to refrain from a particular act or acts.