HomeTopicsTemporary Injunction under CPC

Temporary Injunction under CPC

By Editorial Team

Nature of Temporary Injunctions

Temporary injunctions are interim or provisional orders issued by the court during the pendency of a civil lawsuit. Their purpose is to maintain the status quo or prevent imminent harm until the court makes a final decision.

Grounds for Granting Temporary Injunctions

To obtain a temporary injunction, the following grounds must be established:

  • Prima facie case: The applicant must demonstrate a strong case with a reasonable probability of success on the merits. This means providing sufficient evidence and legal arguments to support their claim.
  • Irreparable injury: The applicant must show that without the injunction, they would suffer irreparable harm or injury that cannot be adequately compensated by monetary damages.
  • Balance of convenience: The court considers the relative hardships and convenience to the parties involved. It assesses whether granting the injunction is necessary to prevent injustice.

Types of Temporary Injunctions

  • Restraining Order: This type of injunction restrains or prohibits a party from engaging in certain activities. It aims to prevent harm or prejudice to the other party or preserve the status quo.
  • Mandatory Injunction: This type of injunction requires a party to perform specific acts or refrain from interfering with certain rights or property. It ensures the preservation of rights or the proper functioning of the legal process.

Procedure for Obtaining Temporary Injunctions

  • Filing an Application: The party seeking the injunction (applicant or plaintiff) files an application with the court. The application includes supporting documents, affidavits, and legal arguments explaining the grounds for the injunction.
  • Notice to the Opposing Party: The court issues a notice to the opposing party (respondent or defendant) informing them of the application for the temporary injunction. This allows the respondent to respond and present their arguments.
  • Hearing and Evidence: The court conducts a hearing where both parties have the opportunity to present their arguments, evidence, and witnesses supporting their positions.
  • Court’s Decision: Based on the evidence and arguments presented, the court determines whether to grant or deny the temporary injunction. The court may impose conditions or restrictions while granting the injunction.
  • Duration of the Injunction: Temporary injunctions are generally granted for a limited period until the final resolution of the case or until further orders of the court.

Violation of Temporary Injunctions

If a party violates a temporary injunction, they may be held in contempt of court. This may lead to legal consequences, including penalties or other enforcement measures.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Previous article
Interpleader Suit under CPC
Next article
Inherent Power of Court under CPC

More from Author

Topics

Nature of Suits covered under CPC

The Code of Civil Procedure, 1908 (CPC) covers a wide range...
Editorial Team -
Topics

Res-sub-judice under CPC

Concept of Res-sub-judice The concept of res sub judice, meaning "a matter...
Editorial Team -
Topics

Res Judicata under CPC

Concept of Res Judicata The concept of res judicata, meaning "a matter...
Editorial Team -
Topics

Restitution under CPC

Under the Code of Civil Procedure (CPC), the concept of restitution...
Editorial Team -

- A word from our sponsors -

Read Now

Nature of Suits covered under CPC

The Code of Civil Procedure, 1908 (CPC) covers a wide range of civil suits. It provides the procedural framework for resolving various civil disputes and claims. The Nature of Suits covered under the CPC includes, but is not limited to, the following: Money Recovery Suits: These suits involve...

Res-sub-judice under CPC

Concept of Res-sub-judice The concept of res sub judice, meaning "a matter under judgment," is a legal doctrine that prevents the simultaneous litigation of two identical or substantially similar cases in different courts. It ensures that once a matter is under the consideration of a competent court, other...

Res Judicata under CPC

Concept of Res Judicata The concept of res judicata, meaning "a matter adjudicated," is a legal doctrine that prevents the re-litigation of a case that has already been finally decided by a competent court. It ensures the finality and conclusiveness of judicial decisions, promoting stability and preventing parties...

Restitution under CPC

Under the Code of Civil Procedure (CPC), the concept of restitution refers to the restoration or compensation for any loss suffered by a party as a result of a court's decree or order. The CPC recognizes the importance of providing relief and restoring parties to their original...

Inherent Power of Court under CPC

The concept of inherent power of the court refers to the authority vested in the court to make necessary orders and take appropriate actions in the interest of justice, even if such powers are not specifically provided for in the law or procedural rules. These inherent powers...

Execution of Judgement and Decree under CPC

Execution of Judgments Application for Execution: The party seeking to execute a judgment needs to file an application for execution in the court that delivered the judgment. The application should contain details of the judgment, the relief sought, and the grounds for execution. Modes of Execution: The court has...

Meaning and Object of Pleading

In the legal context, pleading refers to the formal written statements filed by the parties involved in a lawsuit to present their respective claims, defenses, and allegations before a court. The primary purpose of pleading is to provide a clear and concise outline of the issues in...

General Rules of Pleading

The general rules of pleading govern the manner in which parties present their claims, defenses, and allegations in legal proceedings. These rules ensure that the pleadings are clear, concise, and focused, enabling the parties and the court to understand the issues in dispute. General Rules of Pleading Concise...

Plaint and Written Statement under CPC

Under the Code of Civil Procedure (CPC), the plaint and written statement are important components of the pleading process in civil cases. Plaint under CPC A plaint is a document filed by the plaintiff (the party initiating the lawsuit) to commence a civil case. Essential Elements of Plaint: Name, address,...

Appearance and Non-appearance of Parties under CPC

Under the Code of Civil Procedure (CPC), the appearance and non-appearance of parties are governed by specific provisions. Appearance of Parties Order of Appearance: Section 132 of the CPC states that parties to a suit should appear in the court on the day fixed for hearing unless they...

Suits by Indigent Persons under CPC

Suits by indigent persons, also known as suits filed by paupers or suits filed in forma pauperis, are a provision under the Code of Civil Procedure (CPC) that allows individuals who are unable to afford the costs of litigation to file and pursue their legal claims without...

Interpleader Suit under CPC

"Interpleader suits" refer to a specific type of lawsuit that allows a third party to resolve a dispute between two or more claimants who are making competing claims to the same property or funds. Nature of Interpleader Suits Conflicting Claims: Interpleader suits arise when a third party (known as...

TAKE A DEEP DIVE

Categories to explore

OrdersSectionsTopics

Who we are

Request a Specific Topic!

We'll Add It Within 24 Hours!
To make a request or for any inquiries, reach us at:
WhatsApp Number: (+91)7303330400
Email: editorialteam@cpc1908.com