TEMPORARY

INJUNCTIONS
INJUNCTION
 Meaning
 Types
 Temporary
 Permanent
 Mandatory
TEMPORARY INJUNCTION
 Meaning
 When can Temporary Injunction be granted-
 PRIMA FACIE CASE
 IRREPARABLE INJURY
 BALANCE OF CONVENIENCE
RULE 1
 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
RULE 2
 Interim injunction may be granted for restraining the defendant from
committing a breach of contract or other injury of any kind to the plaintiff.
RULE 3
 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.
QUESTION
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.