Temporary Injunction Is Court’s Way To Shield The Winning Party
“Judge order order karta rahega…aur tu pit-ta rahega” Well…temporary injunction is the Court’s attempt to prevent such drama until further proceedings are conducted.
Under the principle of Temporary Injunction, the violated rights of a person are reimbursed or compensated. Equity and natural justice values are adhered to when the Court grants an order of temporary injunction.
Sounds confusing? Don’t worry! Here’s a beginner’s summary of what is the temporary injunction:
1. Section 37 in The Specific Relief Act, 1963 mentions: “Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).” (src: indiankanoon.org)
via juscorpus
2. In the language of the Law, “Injunction” is basically a warning given by the Court to protect the legal rights of equity and justice on an accused/complainant/plaintiff. Thus, a temporary injunction is short period order granted by the Court until further Court proceedings are conducted.
via indianexpress
3. The objective of the temporary injunction (i.e., provisional or conditional injunction) is to shield the plaintiff (complainant/accused) from any possible damages.
via indiafilings
4. Now you might be thinking, “what kind of damage?” Imagine a Court scene. Hearing is going on, and the accused is getting the upper hand. Then, the damages (on the accused) might be awaiting in the hands of the other party outside the Court.
via rediffmail
5. In such cases, a temporary injunction is granted, arguing the accused rights not to be correctly paid for the damages recoverable.
via lawtimesjournal
6. If the Court has raised a critical concern and evidence (to be presented) before the Court is likely to relieve the complainant/accused, the interference by the Court then becomes necessary. The Court defends the individual from any possible forms of injury.
via himalag
7. In other words, before the lawful right to be executed, irreparable harm or risk can occur.
via acuitylaw
8. It is possible, comparative difficulties of malice or distress would be given to the accused, resulting from the withholding of the command.
via dna
9. This order should be granted as a reasonable precaution. That is, it shouldn’t be exercised if any other form or technique is practicable to achieve an equally successful relief.
via klelawcollege
10. This order is given by the Court as the compensatory damages to the accused without recourse.
Abhi bhi nahi aya samajh? Tum cinephiles bhi na! Har baar demo dikhana padta hai.
Uhm…consider that there are two parties inside the Court.
Party A is accused and a “Hero”.
Party B is the “Villain”.
The climax is near.
Hero, as usual, is about to reveal the last piece of evidence that’ll help him/her in winning the case. But! The villain, as usual, is planning to steal and destroy the evidence. The same is in the air of the whole courtroom. Then, the Court makes sure that till the evidence is revealed correctly, the Hero and all of his belongings remain safe. This is done by giving “Temporary Injunction” (protection) to party A or Hero.
Ab samjhe?
Blog Edited By Ritika Gupta
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