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Temporary Injunction

Temporary Injunction

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Arya Anil GNYC
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27 views2 pages

Temporary Injunction

Temporary Injunction

Uploaded by

Arya Anil GNYC
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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​Temporary Injunction

An injunction is a judicial order that


prohibits a person from commencing
or continuing an action that threatens
or infringes on the legal rights of
another, or forcing a person to
perform a certain conduct, such as
making compensation to an injured
party.
A temporary injunction is a temporary
relief that is used to keep the status
quo. Its goal is to keep the plaintiff’s
rights from being dissolved. The main
point for using a temporary injunction
is because you need relief right away.
Sections 94(c) and (e) of the CPC
provide that the Court may give a
temporary injunction or make any
other interlocutory order that seems
to the Court to be reasonable and
convenient in order to avoid the
objectives of justice from being
defeated. Section 95 of the Civil
Procedure Code also states that if a
temporary injunction is granted and
the Court determines that there were
insufficient grounds, or if the
plaintiff’s suit fails and the Court
determines that there was no
reasonable or probable ground for
instituting the suit, the Court may
award reasonable compensation on
the defendant’s application, up to the
extent of the Court’s pecuniary
jurisdiction.
It has been held in the case Wander v.
Antox India[3] that “Usually, the
prayer for grant of an interlocutory
injunction is at a stage when the
existence of the legal right asserted by
the plaintiff and its alleged violation
are both contested and uncertain, and
remain uncertain till they are
established at the trial on evidence”.

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