What is an example of injunctive?

An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

What are the two most common types of injunctions?

What are the two different types of injunctions?
  • Prohibitory injunctions. This type of injunction orders a party to refrain from doing a particular act or acts. …
  • Mandatory injunctions. …
  • Breaching an injunction is a serious crime and not taken lightly by the courts.

What is another word for injunctive relief?

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.

What is an example of equitable relief?

Equitable relief is usually a remedy for a breach of contract or in cases of intellectual property theft. A common form of equitable relief is the canceling of a contract, which ends all terms and obligations, allowing both parties to return to their pre-contract status.

What are the 3 types of injunctions?

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.

What are the grounds of injunction?

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.

What are the 3 equitable remedies?

There are three types of equitable remedies: specific performance, injunction, and restitution.

What is the difference between equitable relief and injunctive relief?

A plaintiff who seeks equitable relief is asking the court for an injunction. An injunction is a court order compelling a party to do or refrain from doing a specified act.

What is equitable or injunctive relief?

Equitable relief is distinguished from remedies for legal actions in that, instead of seeking merely monetary damages, the plaintiff is seeking that the court compels the defendant to perform a certain act or refrain from a certain act. Common types of equitable relief are injunctions, specific performance, or vacatur.

What is interim injunction order?

a temporary order given by a court of law which tells someone either to do or not do something until an official decision on the case can been made: to seek/grant/make an interim injunction.

What is interlocutory injunction law?

interlocutory injunction. noun [ C ] us. LAW. an injunction (= an official order by a court of law to do or not to do something) that is made during a trial or case that is being discussed in a court of law and that lasts until the trial, etc.

What is Mareva injunction in law?

Mareva Injunction is a Court order which effectively freezes assets of a defendant from being dissipated pending the outcome or completion of a legal action before the Courts. This injunction is particularly effective over liquid assets such as money held in banks or financial institutions.

What is Quia timet injunction?

Quia timet (pronounced [ˈkᶣɪ. a ˈtɪmÉ›t]; Latin for ‘”because he fears”‘) is an injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced.

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?

No injunction can be granted in matters covered by a provision made in a special enactment. 1. When plaintiff fails to prove the prima facie case of his title and possession.

When can an injunction be sought?

In mandatory Injunction two elements has to be taken into consideration before granting Mandatory Injunction: There must be an obligation on the part of the defendant to perform certain acts, the breach of which obligation, must be alleged by the plaintiff. Relief must be enforceable by the court.

Who can apply for an injunction?

You can apply for an ‘injunction’ if you’ve been the victim of domestic abuse. An injunction is a court order that either: protects you or your child from being harmed or threatened by the person who’s abused you – this is called a ‘non-molestation order’

Who can file suit for injunction?

A suit can be filed by the title holder for recovery of possession or it can be one for ejectment of an ex-lessee or for mandatory injunction requiring a person to remove himself or it can be a suit under Section 6 of the Specific Relief Act to recover possession.

How do I file an injunction without a lawyer?

How Do I File an Injunction Without a Lawyer? You do not absolutely have to have an attorney to obtain an injunction. However, it is almost always helpful to contact an injunction attorney in your area who will be familiar with the process and requirements.

How much does it cost to get an injunction?

There are no fees to file for an injunction against harassment. The judge may also order the losing party to pay for the winning party’s court costs and attorney’s fees. Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer.

How do you get a injunction against someone?

Taking someone to court for harassment

The court can order the person harassing you to stay away from you – this is called getting an ‘injunction’. The court can also award you compensation. If the person keeps harassing you after you get an injunction, they’ve broken the law – this means they could go to prison.

How do you obtain an injunction?

An application for an injunction can be made once Court proceedings have begun. Alternatively, the Court can grant an injunction before the start of Court proceedings if the matter is urgent or if it necessary in the interests of justice.

What happens if you break an injunction?

And while breach of the injunction is not a criminal offence, it can carry an unlimited fine or up to two years in prison for an adult. Applicants for civil injunctions can include local councils and can now be used for under 18s. The Civil injunction is likely to be the most popular tool for housing organisations.