Restraining Order - Law Dictionary Search Results

Home Dictionary Name: restraining order

injunction

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...

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....

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....

perpetual injunction

perpetual injunction : permanent injunction at injunction ...

Anti-suit injunction

Anti-suit injunction, is a specie of injunction. When a court restrains a party to a suit/proceeding before it, from instituting or presenting a case in another court including a foreign court, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341....

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