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Showing posts with the label Order 39 Rule 1 of CPC

When can a temporary injunction not be granted?

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A temporary injunction, also known as an interim injunction, is a legal order issued by a court that restrains a party from doing a particular act until a final decision is made on the matter. However, there are certain circumstances under which a temporary injunction may not be granted. Here are some key points to consider: Circumstances When a Temporary Injunction May Not Be Granted: Absence of Prima Facie Case :  Order 39 Rule 1 of the Code of Civil Procedure (CPC) : According to this rule, a temporary injunction may not be granted if the applicant fails to establish a prima facie case. A prima facie case means that the applicant must demonstrate that there is a reasonable likelihood of success on the merits of the case.  Explanation : If the applicant cannot show that they have a valid claim or right that warrants protection through an injunction, the court may deny the injunction. Balance of Convenience :  Order 39 Rule 1 of CPC : Another requirement for granting a t...