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Permanent Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat, he or she may issue a permanent injunction prohibiting the threatened action indefinitely. Injunctions and restraining orders can only be filed in an ongoing lawsuit.
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.
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.
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.
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.
Injunctions can last a week, a month, 6 months, a year, 2 years, 5 years, or forever. How long an injunction lasts is really up to the judge. An injunction can last any amount of time.
Section 37 of Specific Relief Act, 1963 provides that "temporary Injunction are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit." The procedure for seeking temporary injunction has been provided under Order XXXIX of the Code of
Five Types of Texas Injunctions A TRO may be issued without notifying the defendant in order to prevent harm to the plaintiff. Permanent Injunctions: A permanent injunction is most often issued at the end of a trial and has no set duration.
A temporary injunction is granted at any point during the suit for a specified period of time, or as adjudged by the court.A permanent injunction, on the other hand, is granted after the examination of the facts and merits of the case by the decree of the court.