What Does Injunction In Law Mean?

What can an injunction be used for?

Its purpose is to prevent dis-solution of the plaintiff’s rights.

The main reason for use of a preliminary injunction is the need for immediate relief.

They seek to prevent threatened wrong, further injury, and irreparable harm or injustice until such time as the rights of the parties can be ultimately settled..

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.

What is a positive injunction?

Affirmative injunction refers to an injunction that requires a positive act on the part of the defendant. Injunction is an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act. …

How does an injunction work?

An injunction is an order by a court commanding or prohibiting a specific action. If a defendant fails to abide by an injunction issued against them, they can be held in contempt of court and punished with imprisonment or fines. … The rules regarding the issuance of injunctions vary somewhat by jurisdiction.

What does injunctive mean?

1. a judicial process or order requiring the person or persons to whom it is directed to do or refrain from doing a particular act.

What is the difference between a restraining order and an injunction?

Limited in their duration and effect, “restraining orders” are distinguished from the more lasting form of court intervention called an “Injunction.” Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.

How do I prepare for an injunction hearing?

Page 1How to Prepare for an Injunction for. … • Dress appropriately – suit, dress, skirt and top, pants and. … • Avoid sporty or casual clothes – no jeans, cut-offs, torn or. … • Ask your witnesses to dress appropriately as well. … Bring your witnesses and evidence to court.More items…

What is an example of an injunction?

Example: Cease and Desist A cease and desist order places an injunction on a company or person prohibiting the activities that are deemed suspect. A cease-and-desist order may take the form of a temporary injunction until a trial can be held to determine the outcome or a permanent injunction after the trial concludes.

Can anyone file an injunction?

The process for filing an injunction differs dramatically. Some courts allow for online filing and will accept any document someone offers. Others require filing in person, and the clerks will carefully look over the pleading to ensure it complies with the rules.

What happens if you break an injunction order?

5.48 If a person who is the subject of an injunction breaches the injunction, they may be held in contempt of Court, which is punishable by fines and/or imprisonment. … Legal advice should be sought before any decision is made to bring contempt proceedings.

Does an injunction show up on a background check?

Despite the fact that an injunction is a civil proceeding, it will be on your background check and can be seen by potential employers, landlords, scholarships, schools or an organization, including youth sports leagues and volunteer groups that run you for a criminal record.

What is the difference between damages and injunctive relief?

Compensatory damages – the amount of money the plaintiff lost where the defendant’s tort was the “legal” cause of the loss. … Injunctive relief – a court order prohibiting the defendant from continuing or repeating the tortious behavior.

How many types of injunctions are there?

two kindsInjunctions are of two kinds, the one called the writ remedial, and the other the judicial writ.

What does injunctive relief mean in law?

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. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.

What is injunction petition?

It aims to protect plaintiff from getting disposed off or his property being destroyed or harmed or any injury to the plaintiff. The primary reason behind a temporary injunction is to protect the interests of an individual or entity till the final judgment is passed or until the further orders of the court.

What are the different kinds of injunction?

Following types of Injunctions are granted by the Court.Temporary and Permanent Injunctions ( Sections 36 & 37)Perpetual Injunctions ( Section 38)Mandatory Injunctions ( section 39)Damages in lieu of or in addition to Injection( Section 40)Injunction to perform a negative covenant( section 42)

What’s a mandamus?

A writ of mandamus is a court order compelling someone to execute a duty that they are legally obligated to complete. A writ is also used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion.

What does it mean to file an injunction against someone?

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. … Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions.