What does ex parte application mean?

What does ex parte application mean?

by one party

When can an ex parte injunction be granted?

Under Rule 3 of Order 39, what the Court has to see when requested to grant an ex parte injunction is whether “the object of granting, the injunction would be defeated by the delay.” In the present case the Court did not apply its mind to this aspect of the case at all.

When can an injunction be refused?

41 of Specific Relief act an injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restrain is necessary to prevent multiplicity of proceedings; (b) to restrain any person from instituting or …

When can a mandatory injunction be granted?

Section 55 enables the issuance of an injunction to prevent the breach of an obligation and to compel performance of acts which are necessary to prevent such breach. A court can grant a mandatory injunction when an unlawful act obstructs the proper enjoyment of the plaintiff’s right of property.

Can defendant file application for temporary injunction?

In Suganda Bai’s case (supra) what has been laid down is that it is only where the defendant’s claim to interim relief arises out of the cause of action in the suit or is incidental to it, that he can ask for a temporary injunction against the plaintiff.

Is temporary injunction a decree?

A temporary injunction is simply an order by the court. A permanent injunction is a decree (i.e., an official order by a court of law).

Who can file suit for injunction?

A suit can be filed by the title holder for recovery of possession or it can be one for ejectment of an ex-lessee or for mandatory injunction requiring a person to remove himself or it can be a suit under Section 6 of the Specific Relief Act to recover possession.

What are temporary injunctions?

temporary injunction. n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.

How long do temporary injunctions last?

14 days

What are the three types of injunctions?

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions.

What can you get an injunction for?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it’s a criminal offence and they can be prosecuted in the criminal courts.

Can you get an injunction without going to court?

Even if the court does not issue a restraining order (or if there has not been a criminal trial at all) you can make an application for a protective injunction.

What does it mean to have an injunction filed against you?

An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. They can also be charged with contempt of court. Counterinjunctions are injunctions that stop or reverse the enforcement of another injunction.

Does an injunction show up on a background check?

If you have had a restraining order placed against you, you may wonder if that will show on a background check and how it will affect you. Typically, restraining orders are civil, which means they shouldn’t show on a criminal background check.

How long is an injunction good for?

An injunction can last any amount of time. A temporary injunction can last as long as it takes to get the other party served. Until the final hearing, the temporary injunction will be in force. Usually a final hearing date is set within a few days or weeks of a person getting served with a temporary injunction.

How long does an injunction last?

six months

What happens when you break an injunction?

If an injunction order is broken you can ask the court to send your opponent to prison, (committal). The injunction order must have been personally served on your opponent before you can apply for committal. Magistrates Courts can only commit your opponent to prison for up to 2 months.

How many types of injunctions are there?

two types

How do you get an injunction order in court?

To get an injunction order, you must file an application, including a written statement of the aggrieved, through a civil lawyer at the appropriate court. The process might take a while as parties are required to show evidence before the court, and the court will have to ultimately decide on the matter.

Can you appeal against an injunction?

Can I appeal against an injunction? The terms of your case and the reasons behind the court’s decision to impose an injunction on you would be taken into consideration in any appeal you wanted to make. Your solicitor can place an argument before the court and ask for your injunction to be lift or modified.

Does an injunction have to be personally served?

A civil injunction order must normally be personally served upon the Defendant(s).