Judicial Dictionary - T
Judicial Dictionary
Legislative Dictionary
Temporary Injunction
| Category | T |
|---|---|
| Title | Temporary Injunction |
| Details | Temporary injunction is a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. It is issued during a trial to maintain the status quo or preserve the subject matter of the litigation until the trial is over. The purpose of a temporary injunction is to maintain the status quo and prevent irreparable damage or change before the legal questions are determined. After the trial the court may issue a "permanent injunction" (making the temporary injunction a lasting rule) or "dissolve" (cancel) the temporary injunction.
Granting of temporary injunction, is a matter of discretion with the Court, but cannot be granted on mere asking, unless the court is satisfied with the same in accordance with the saved principles in the facts and circumstances of the case. [Maleka Banu and Others vs. Lt. Col. (Retd) Raziur Rahman and Others, 13 BLD (HCD) 387] In order to be entitled to an order of temporary injunction the plaintiff must satisfy the following conditions: (a) a fair prima facie case, (b) a greater convenience in his favor in granting injunction than refusing it and an irreparable loss and injury to him from refusal of injunction. [Abul Kalam Azad and others vs. Mr. Zahirul Hague and ors, 15 BLD (HCD) 435]See, Order 39 of the Code of Civil Procedure, 1908. |
| Created On | June 1, 2011, 10:53 AM |
| Hits | 504 |