Preview

specific relief

Good Essays
Open Document
Open Document
841 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
specific relief
Introduction

An injunction is an equitable remedy in the form of a court order that requires a party to do, or to refrain from doing, certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences.

Emergency injunctions that are in effect only a short time are called temporary restraining orders. Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met.

Every court is constituted for the purpose of administering justice among particles and there’re, must be deemed to possess all such powers as may be necessary to do full and complete justices to the parties before it.

It is a well settled principle of law that interim relief can always be granted in the aid of and as ancillary to the main relief available to the party on final determination of his rights in a suit or any other proceeding. Therefore, a court undoubtedly possesses the power to grant interim relief during the pendency of the suit. Temporary injunctions are thus injunctions issued during the pendency of proceedings.

Definition

An injunction is a judicial process whereby a party is required to do, or to refrain from doing, any particular act. It is a remedy in the form of an order of the Court addressed to particular person that either prohibits him from doing ‘or continuing to do a particular act (prohibitory injunction); or orders him to carry out a certain act (mandatory injunction).

Object

The primary purpose of granting interim relief is the preservation of property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. In other words, the object of making an order

You May Also Find These Documents Helpful

  • Good Essays

    The law is all around settled that the choice to concede a preliminary injunction rests in the sound watchfulness of the trial court. A trial court will be found to have mishandled its caution just when it has "exceeded the limits of reason or contradicted the unconstructed…

    • 537 Words
    • 3 Pages
    Good Essays
  • Better Essays

    IS 3350: Policy Report

    • 1146 Words
    • 5 Pages

    A “litigation hold” is one to stop any document from being destroyed that pertains to a lawsuit. The lawsuit must be filed or is ready to be filed.…

    • 1146 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Intermediate sanctions are designed to give judges other sentencing options beside imprisonment or probation. These types of sanctions are less restrictive than imprisonment but more restrictive than probation. Intermediate sanctions are usually combined with imprisonment, probation, and each other.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Intermediate sanctions are sanctions that are more restrictive than probation and less restrictive than imprisonment. The main purposes of intermediate sanctions are to reduce the pressures of overcrowded jails and prisons, and understaffed probation officers, and offices. There are two primary types of sentences for committing a crime, which are to be imprisoned, and probation but the judge also has other sentencing options that he/she can oppose,…

    • 402 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The judiciary is the body that interprets and applies the law in the name of the state, they operate under the separation of powers, they do not make laws nor enforce laws but rather they interpret the law and help in its application.…

    • 911 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    | The term used in law to denote the power of a particular court to hear a case and render a binding decision isAnswer…

    • 523 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    “A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.” This means that if an order is issued by a judge, it must be carried out. The consequence for that order being ignored would be a contempt charge that could land the noncomplying individual in…

    • 961 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When you apply for a restraining order, you are given a court date. This date is usually scheduled within three weeks of your application date. If you feel that you need protection immediately, you may be eligible for a Temporary Restraining Order. A Temporary Restraining Order can be used to order an individual to have no contact with you and to leave the home, etc.…

    • 759 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Exclusionary Rule

    • 1743 Words
    • 7 Pages

    According to the Merriam-Webster Online Dictionary, “A legal rule that bars unlawfully obtained evidence from being used in court proceedings.” The dictionary provides a basic definition for all to understand however, the definition of the U.S. Supreme Court is more in depth. The U.S. Supreme Court’s definition states, “The name commonly given to the principle that evidence obtained by the government in violation of a defendant's constitutional right may not be used against him. A defendant may prevent the prosecution from using evidence against her by making a “motion to suppress” before trial asking the judge to rule that the evidence is inadmissible.”…

    • 1743 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    issued. The writ is just a request for the lower courts to submit court records for the case review.…

    • 661 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Conflict In The Crucible

    • 744 Words
    • 3 Pages

    Therefore the court is forced to make a decision to attempt to get one or some of these…

    • 744 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Order Of Protection Essay

    • 514 Words
    • 3 Pages

    Also, you need to know the timelines for contesting these orders as this will help you take an immediate action when an order is issued against you. Furthermore, you need to ensure that you do not violate the order even after you’ve filed a written request. Violation of a restraining order could lead to criminal charges or jail time. Violating the order tells the judge that the order is necessary.…

    • 514 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Indonesian Civil Procedure

    • 3494 Words
    • 14 Pages

    Furthermore, based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained in force up to the new regulations in relation to the Civil Procedure Process will be issued in purpose of ensuring uniformity in the administration, competency and procedure of the civil courts.…

    • 3494 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Litigation refers to a legal, a judicial contest or a law enforcement preceding that normally takes place in a court in order to determine the outcome of the case on either party.…

    • 5165 Words
    • 21 Pages
    Good Essays
  • Satisfactory Essays

    Civil Service

    • 4805 Words
    • 20 Pages

    The court has resisted the clamor to issue a temporary injunction for the sake of…

    • 4805 Words
    • 20 Pages
    Satisfactory Essays

Related Topics