What is a civil action for injunctive relief?
What is a civil action for injunctive relief?
Injunctive relief is a legal remedy that may be sought in civil cases, in place of monetary damages. They are court orders that may compel a party to carry out a specific act or refrain from a specified act or behaviour.
How many injunctive relief are there?
Two forms
Two forms of injunctive relief are available. The first is an order preventing a defendant from carrying out certain conduct, known as a prohibitory injunction. The second is an order for the defendant to perform certain tasks, known as a mandatory injunction.
What is another word for injunctive relief?
noun order, ruling, command, instruction, dictate, mandate, precept, exhortation, admonition He took out a court injunction against the newspaper.
What is an example of injunctive?
Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.
What are examples of injunctions?
Injunction Examples
- 1) Infringement Of Intellectual Property. The infringement of intellectual property, even for a day, can be incredibly costly to the owner of the property.
- 2) Theft Of Clients.
- 3) Minority Shareholder Freezeouts.
- 4) Breaches Of Fiduciary Duties.
- 5) Breach of Contract.
- 6) Bankruptcy.
When can an injunction be granted?
per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.
When can an injunction be refused?
The relief of injunction may be refused on the ground of delay, laches or acquiescence or whether the applicant has not come with the clean hands or has suppressed material facts, or where monetary compensation is adequate relief. As per amended Sec. 9-A (2) of the C.P.C.
What is the difference between damages and injunctive relief?
Courts take the view that money damages can be awarded after a full trial on the merits. Injunctions are used only to prevent irreparable harm or “harm which cannot be compensated for through damages upon resolution of the underlying action.”Coates v.
What are the grounds of injunction application?
Grounds of Temporary Injunction:
- Property in dispute is in danger of being WASTED, DAMAGED or ALIENATED by any party to the suit, or WRONGFULLY SOLD IN EXECUTION OF DECREE.
- Where defendant: THREATENS or INTENDS TO REMOVE or DISPOSE OF HIS PROPERTY with a view to defraud creditors.