Procedure and Practise Relating to Temporary Injunctions

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. TABLE OF CONTENTS ACKNOWLEDGEMENTS 3 INTRODUCTION 10 1.1. Types of Injunctions 12 1.2. Research Methodology 13 1.3. Scope of the Project 13 1.4. Research plan 13 1.5. Limitations 14 TEMPORARY INJUNCTIONS THE CODE OF CIVIL PROCEDURE 15 2.1. Grounds for Granting Temporary Injunctions 16 2.2. Principles Involved in the Granting of Injunctions 17 2.2.1. Prima facie case 18 2.2.2. Irreparable damage 20 2.2.3. Balance of convenience 23 2.2.4. Other factors 25 2.3. Consequences of breach of injunction order 27 PROCEDURE ADOPTED BY THE COURTS IN GRANTING INJUNCTIONS 30 3.1. Parties to the suit 30 3.2. Evidence 31 3.2.1. In proceedings under Order XXXIX Rule 1, court can call the deponents of affidavits for cross-examination 31 3.2.2. Oral evidence can be examined at the discretion of the court to decide whether injunction should or should not be granted 31 3.2.3. Application for temporary injunctions can be decided on affidavits only 32 3.2.4. Proof by affidavits only 32 3.3. Hearing 32 3.3.1. Disposal of application of interim injunction within 30 days 32 3.3.2. Courts should decide the application after considering all the facts 33 3.3.3. Duty of the Court to be cautious in granting injunction in suits for permanent injunction 33 3.4. Order 34 3.4.1. If an order is passed after hearing the opposite parties, then it has to continue 34 3.4.2. Observations made in the court of proceedings for temporary injunction are not binding in the trial of the suit 35 3.4.3. Court while deciding the question of injunction should not decide the case finally. 35 3.4.4. If in a suit based on possession, conditions necessary for the grant of injunction are present, injunction should be granted and it is not necessary to wait for decision of other issues 35 3.4.5. While passing orders on an application for interim injunction, there should be some

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