Oregon Permanent Injunction Against Defendant
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FAQ
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.Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice.
The definition of injunction states that an injunction is an order issued by a court that forces the defendanta person, corporation or government entityto do something or stop doing something, depending on what the plaintiff is requesting.
While the defendant in a suit is conferred with right to seek temporary injunction in a case falling under Clause (a) of Order XXXIX rule 1 of CPC, no such right is conferred on him in the cases falling under Clause (b) and (c) thereof.
In Suganda Bai's case (supra) what has been laid down is that it is only where the defendant's claim to interim relief arises out of the cause of action in the suit or is incidental to it, that he can ask for a temporary injunction against the plaintiff.
A court order that a person or entity take certain actions or refrain from certain activities. A permanent injunction is typically issued once a lawsuit over the underlying activity is resolved, as distinguished from a preliminary injunction, which is issued while the lawsuit is pending.
A permanent injunction can be granted by the court by passing a decree made at the hearing and upon the merits of the suit. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
Per contra, learned Counsel for the defendants supported the order passed by the Appellate Court by arguing that when the case of the defendant does not fall U/o XXXIX Rule 1(c) of CPC and the circumstances call for exercise of inherent powers, the Court could exercise the same to grant the relief and the Appellate
Among the elements which must be proven by the party seeking the injunction are: (1) it has no adequate remedy other than an injunction (such as money damages); (2) truly irreparable harm will occur in the absence of an injunction; (3) it is more likely than not that the moving party will prevail on the underlying
In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit.