Stay - Law Dictionary Search Results
Home Dictionary Name: stayinjunction
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...
stay
stay stayed stay·ing : to temporarily suspend or prevent by judicial or executive order [may not grant an injunction to proceedings in a state court "U.S. Code"] n : a temporary suspension or injunction of an action or process by a usually discretionary judicial or executive order [a of execution of the judgment] [ of a lower court's judgment pending certiorari "W. J. Brennan, Jr."] see also automatic stay compare cease-and-desist order at order, mandamus, supersedeas ...
Staying proceedings
Staying proceedings. By the Judicature Act, 1875, s. 24 (5), the courts had power to stay proceedings in cases where an injunction or prohibition could formerly have been obtained, but in which such course, by the consolidation of the superior courts, is now put an end to. Every Court has an un-doubted inherent jurisdiction to stay proceedings on the ground that they are an abuse of the process of the court; see per Vaughan Williams, L.J., in Re Norton's Settlement, (1908) 1 Ch 479, approving Egbert v. Short, (1907) 2 Ch 205. As to staying pro-ceedings upon an appeal, see R.S.C. Ord. LVIII., r. 16, and for other cases illustrating this jurisdiction, see Annual Practice. See also the Vexatious Actions Act, 1896, and R.S.C. Ord. XXV., r. 4....
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....
Stay order
Stay order, the stay of operation of an order only means that the order which has been stayed would not be operative from the date of passing of the stay order and it does not mean that the said order has been wiped out from existence, Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, (1992) 3 SCC 1: AIR 1992 SC 1439 (1444). (Constitution of India, Art. 226)...
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 ...
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....
Stay proceedings to carry out Arbitration agree-ment
Stay proceedings to carry out Arbitration agree-ment, the legal position with respect to the scope and meaning of s. 34 of the Arbitration Act admits of little doubt, the language of this s. being quite plain. When a party to an arbitration agreement commences any legal proceedings against any other party to the said agreement with respect to the subject-matter thereof, then the other party is entitled to ask for such proceedings to be stayed so to enable the arbitration agreement to be carried out. It is, however to be clearly understood that the mere existence of an arbitration clause in an agreement does not by itself operate as a bar to a suit in the court. It does not by itself impose any obligation on the court to stay the suit or to give any opportunity to the defendant to consider the question of enforcing the arbitration agreement, State of Uttar Pradesh v. Janki Saran Kailash Chandra, AIR 1973 SC 2071 (2075): (1973) 2 SCC 96: (1974) 1 SCR 31....
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