ತಾತ್ಕಾಲಿಕ ಪರಿಹಾರ: ಇಂಜೆಕ್ಷನ್ ಸಹಾಯ ಮಾಡುತ್ತದೆಯೇ? || Information About Temporary Injection

In India, temporary injunctions are legal procedures that are governed by Order 39 of the Civil Procedure Code of 1908. They are also known as interim injunctions and are a vital tool in civil litigation that can be granted at any stage of a suit. The purpose of a temporary injunction is to protect the rights of parties and prevent irreparable harm until a final decision is made.
A court may issue a temporary injunction if it is satisfied that:
The plaintiff has a prima facie case
The court's interference is necessary to protect the plaintiff from irreparable or serious injury
The balance of convenience is in favor of the plaintiff
There is no other adequate remedy available to the plaintiff
It is just and proper to prevent a duty from being violated
It is just and proper to prevent harm from resulting from a reasonable risk of a violation
The injunction strikes a balance between the original argument's strength and convenience
Once issued, a temporary injunction is valid until the case is disposed of and a judgment is made.
Interlocutory Injunction
This is commonly referred to as interim injunction and falls within the category of temporary injunction. It remains in effect for the duration of the legal proceedings before the court. Consequently, an interlocutory injunction possesses the ability to either mandate or prohibit a party from engaging in specific actions while awaiting the ultimate resolution of the case. The principal objective of utilising an interlocutory injunction is to maintain the existing matters in the status quo.
Preliminary Injunction
A plaintiff may be granted a preliminary injunction, also referred to as an ad-interim injunction, prior to a trial. This type of ad-interim injunction, is a legal remedy that aims to maintain the status quo of the subject matter in question, thereby preventing any potential infringement of the plaintiff’s rights and enabling them to seek prompt relief. A preliminary injunction is granted at the outset of a legal proceeding to preserve the existing status quo until a final determination can be rendered. The purpose of its design is to safeguard the entitlements of the concerned parties until the resolution of the case.
Prohibitory Injunction
This is governed under Section 38 of the Specific Relief Act and is commonly referred to as a restrictive injunction, which is a legal directive that mandates an individual or organisation to abstain from performing a specific action. Mainly for the prevention of harm or infringement of rights.
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