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Lecture 19, Temporary Injunctions - Part I.pptx

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Lecture 19, Temporary Injunctions - Part I.pptx

  1. 1.  Meaning  Types  Temporary  Permanent  Mandatory
  2. 2.  Meaning  When can Temporary Injunction be granted-  PRIMA FACIE CASE  IRREPARABLE INJURY  BALANCE OF CONVENIENCE
  3. 3.  Situations when court may grant temporary injunctions  Any disputed property is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or  Defendant threatens or intends to remove or dispose of his property to defrawd his creditors,  Defendant threatens to dispossess plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute
  4. 4.  Interim injunction may be granted for restraining the defendant from committing a breach of contract or other injury of any kind to the plaintiff.
  5. 5.  Court shall direct a notice of application to the opposite party before granting injunction but may not grant notice if it defeats the purpose of injunctions.
  6. 6. APPLICANT HAS A SUIT PENDING REGARDING A PROPERTY. HE WANTS TO FILE A TEMPORARY INJUNCTION UNDER ORDER 39 CPC RESTRAINING THE DEFENDANT FROM CONSTRUCTING ON THE LAND.

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