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In Agricultural Produce Market Committee Case1, the Hon'ble Apex Court has held that "a temporary injunction can be granted only if the person seeking injunction has a concluded right, capable of being enforced by way 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.
If a case is a proper one for specific performance, and an irreparable injury is likely to be caused to the plaintiff unless the breach of contract is forthwith restrained, the court will grant a temporary injunction to restrain the breach of contract. In the case of Chitra v.
Courts often issue preliminary injunctions for the purpose of stopping action until such time as a hearing can be held to determine what the course of action should be. For example: Mary and Tom have lived in their home for more than 40 years, and have cultivated a lovely property, filled with mature shade trees.
In a divorce, the injunction is an order from the court prohibiting either party from doing certain things during the divorce. The purpose of the injunction is to maintain the status quo so that nothing substantial happens while the divorce is pending.
A temporary injunction is a provisional relief that aims to protect the subject matter in the existing condition, without the defendant's interference or threat. It aims to protect the plaintiff from getting disposed off, or his property (subject matter) being destroyed or harmed, or from any injury to the plaintiff.
Temporary injunction. n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action.
A TRO can be issued by a court ex parte in the absence of the opposing party, but only for a limited period of time. For example, in federal court, a TRO can only be issued for up to 14 days, which can be extended only once by the court for good cause shown.