The usual purpose of an injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm (i.e., harm that cannot be adequately remedied by an award of monetary damages).

What circumstances would an injunction order be issued?

In the state of New South Wales, a court may grant an apprehended violence order (AVO) to a person who fears violence, harassment, abuse, or stalking. The order prohibits the defendant from assaulting, harassing, threatening, stalking, or intimidating the person seeking the order.

What is the purpose of preliminary injunctions being issued?

A preliminary injunction is an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment.

What happens if an injunction is not granted?

An injunction is a Court order which orders a company or person to stop doing (called a "prohibitory injunction") or to do (a "mandatory injunction") a particular act or thing. A party who breaches an injunction can be held in contempt of Court which in some circumstances can lead to imprisonment.

How injunction is granted?

per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.

What is an injunction? How are you granted injunction?

31 related questions found

When can a permanent injunction be granted?

In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit.

Is injunction an equitable remedy?

Injunctions: An Overview. An injunction is a court order requiring an individual to do or omit doing a specific action. ... An injunction is an equitable remedy, is therefore available only in cases of in-personam jurisdiction, and not in in-rem or quasi-in-rem jurisdiction.

Can you appeal against an injunction?

Complaints and appeals

You can complain to the court where you had the hearing if you're unhappy with the service they provided. You may be able to make an appeal about the decision if you think there's been a serious mistake. You'll have to get permission to make the appeal and there's usually a fee.

What is preventive injunction?

When a person fears an infringement of his or her right due to possible injury, can ask for a remedy from the court in this nature of the preventive relief. It is an injunction which is granted by the court. Such an injunction is different from a specific performance.

What evidence is required for an injunction?

An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.

How does a injunction work?

An injunction, which can also be referred to as a restraining order, is a court order that makes or prevents a person from acting in a certain way. Injunctions form part of the trial process and are not a cause of action in of themselves.

What does injunction mean in court?

An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.

Is injunction a writ?

An injunction is a prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or ...

When an injunction may be granted by the court?

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 ...

What are the three types of injunction?

Types of Injunction

• Preliminary injunction.
• Preventive Injunction.
• Mandatory injunction.
• Temporary restraining order.
• Permanent injunction.

How long does injunction last?

Injunctions are typically granted for a set period - often six to 12 months - though they can be indefinite. Injunctions can also be renewed.

What happens if you break an injunction?

If you breach an injunction, you can be held in contempt of court, which could result in imprisonment. There are many types of injunction, but here we'll look at the following: Freezing Order (to prevent disposal of assets).

Who enforces an injunction?

Served By: The injunction or order is served by a U.S. Marshal or another person, presumably a law enforcement officer, specifically appointed by the court in accordance with Federal Rule of Civil Procedure 4.1(a).

Is an injunction a compensation?

An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. ... Courts usually grant injunctions as final remedies only where the applicant demonstrates that: Its legal right has been infringed (or is about to be infringed). Money damages are inadequate compensation.

Is an injunction criminal law?

And while breach of the injunction is not a criminal offence, it can carry an unlimited fine or up to two years in prison for an adult. Applicants for civil injunctions can include local councils and can now be used for under 18s.

How do you get an injunction dismissed?

How do I get an injunction dismissed? After an injunction is granted, the respondent can file a motion to dismiss based on a change in circumstances. In other words, you must prove that the situation surrounding the injunction no longer exists and that keeping the mandate would be detrimental to both parties.

Can injunction be granted without possession?

Injunction cannot be sustained on the basis of wrongful possession against the lawful owner. Where a person is in lawful possession of the property and his possession is threatened to be interfered with by the defendants, he is entitled to sue for a mere injunction without seeking declaration of his rights.

When can an injunction be refused?

considered by court while granting injunction. The relief of injunction may be refused on the ground of delay, laches or acquiescence or whether the applicant has not come with the clean hands or has suppressed material facts, or where monetary compensation is adequate relief. As per amended Sec. 9-A (2) of the C.P.C.

When can temporary injunction be granted in a suit?

( ACT NO. I OF 1877 )

53. Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the Code of Civil Procedure.

What is an example of an injunction?

An injunction is a court order stating that a company must do something or seize from doing a certain action. ... For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.