Prohibition - Law Dictionary Search Results
Home Dictionary Name: prohibitioninjunction
injunction [Middle French injonction, from Late Latin injunction- injunctio, from Latin injungere to enjoin, from in- in + jungere to join] : an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for harm for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt. affirmative injunction : an injunction requiring a positive act on the part of the defendant : mandatory injunction in this entry final injunction : perman...
Injunction
Injunction, Expression 'injunction' in s. 41(b) is not qualified by an adjective and, therefore, it would, comprehend both interim and perpetual injunc-tion, Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)]This is the discretionary process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in of the defendant's answer, or until the hearing of the cause; or (2) perpetual, i.e., forming part of a decree made at a hearing upon the merits, whereby the defendant is perpetually inhibited from the assertion of a right, or perpetually res-trained from the commission of an act contrary to equity and good conscience. As to mandatory injunctions, see post.See Specific Relief Act, 1963 (47 of 1963), s. 37.Prior to the Judicature Act injunctio...
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
Any prohibition
Any prohibition, 'any prohibition' means every , prohibition. In other words all types of prohibitions. Restrition is one type of prohibition, Sheikh Mohd Omer v. Collector of Customs, AIR 1971 SC 293 (295): (1970) 2 SCC 728. [Customs Act, 1962, s. 111(d)]...
Perpetual injunction
Perpetual injunction, an injunction which finally disposes of the suit, and is indefinite in point of time; as opposed to an injunction ad interim, i.e., until the trial or further order. See INJUNCTION....
Temporary injunction or interlocutory injunction
Temporary injunction or interlocutory injunction, means such injunction may be granted at any period of a suit and are regulated by Code of Civil Procedure, 1908....
perpetual injunction
perpetual injunction : permanent injunction at injunction ...
prohibition
prohibition 1 a : an extraordinary writ issued by a higher court commanding an inferior court to keep within its proper jurisdiction (as by ceasing a prosecution) b : an order to refrain or stop 2 a : something (as a law) that prohibits a certain act or procedure b cap : the period from 1920 to 1933 in the U.S. when the manufacture, transportation, and sale of alcoholic liquors was prohibited by the Eighteenth Amendment to the U.S. Constitution pro·hib·i·tive [prō-hi-bə-tiv] adj pro·hib·i·tive·ly adv pro·hib·i·to·ry [-hi-bə-tōr-ē] adj ...
Degrees of prohibited relationship
Degrees of prohibited relationship, a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship. [Special Marriage Act, 1954 (43 of 1954), s. 2(b)]Degrees of prohibited relationship, [Special Marriage Act, 1954 (43 of 1954), s. 2(b)]...
Mandatory injunction
Mandatory injunction. Such an injunction is an order requiring the defendant to do some positive act for the purpose of putting an end to the wrongful state of things created by him, or otherwise in fulfilment of his legal obligation (Specific Relief Act, s. 39). An injunction requiring the performance of some Act, e.g., the removal of a building or obstruction; see R.S.C. Ord. L., r. 6, and notes in A.P....