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Temporary Injunction: Definition: A temporary injunction in India is a provisional remedy granted by the court to preserve the status quo or prevent an imminent harm or injury until the final determination of the rights of the parties by the court. Legal Basis: Section 37 of the Civil Procedure Code, 1908, provides for the granting of temporary injunctions. It empowers the court to grant an injunction to prevent the breach of an obligation or to prevent injury to the plaintiff for which compensation would be inadequate. Purpose: Temporary injunctions are typically sought at the initial stages of a lawsuit when there is an urgent need to maintain the existing state of affairs until the court can thoroughly consider the matter.
- Permanent Injunction: Definition: A permanent injunction in India is a final order issued by the court at the conclusion of the trial. It permanently restrains a party from doing certain acts or requires them to perform certain acts. Legal Basis: Sections 38 to 41 of the Civil Procedure Code, 1908, outline the conditions under which a permanent injunction may be granted. Section 38 specifies that a permanent injunction may be granted to prevent the breach of an obligation existing in favor of the applicant. Purpose: Permanent injunctions are granted after a full trial on the merits of the case and are intended to provide long-term relief to the aggrieved party.
In an Ongoing Case in India:
- Preliminary Injunction: In India, a preliminary injunction is akin to a temporary injunction and is granted during the pendency of the case. It aims to maintain the status quo ante until the court can decide the case on its merits.
- Likely Outcome: If a preliminary injunction has been granted in an ongoing case, it indicates that the court finds a prima facie case in favor of the applicant (the party seeking the injunction) and believes that the balance of convenience lies in favor of granting the injunction. The court will then proceed with the trial to determine whether a permanent injunction should be issued based on the evidence and legal arguments presented.
Legal References:
- Civil Procedure Code, 1908: Sections 37 to 41 specifically govern the granting of injunctions in India. Section 37 deals with temporary injunctions, while sections 38 to 41 deal with permanent injunctions.
- Specific Orders and Rules: Additionally, different High Courts in India have specific rules and procedures related to the issuance of injunctions, which may provide further guidance on the application of injunctions in specific jurisdictions.
In conclusion, under Indian law, temporary injunctions are interim measures to maintain the status quo until the final determination of rights, while permanent injunctions are final orders granted after a full trial. If a preliminary injunction has been granted in an ongoing case in India, it signifies a temporary measure based on initial evidence and arguments, with the potential for a permanent injunction to be considered after a complete adjudication of the case.
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