Breach of Contract
4 months ago
For temporary injunction and permanent injunction which act and section involves
A.Dear Sir,
First you have to file a civil suit under the provisions of civil procedure code under Order 7 Rule 1 of CPC. Then or along with the suit you can file interim application under Order 39 Rule 1 and 2 of Civil Procedure Code for temporary injunction.
First you have to file a civil suit under the provisions of civil procedure code under Order 7 Rule 1 of CPC. Then or along with the suit you can file interim application under Order 39 Rule 1 and 2 of Civil Procedure Code for temporary injunction.
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A.Dear Client,
The grant of a temporary injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908 and Section 37(1) of the Specific Relief Act 1963 and may be awarded at any stage of the legal proceedings. According to Section 37(2) of the Specific Relief Act, 1963, a permanent injunction can exclusively be obtained through a decree issued during the trial proceedings and based on the merits of the case.
The grant of a temporary injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908 and Section 37(1) of the Specific Relief Act 1963 and may be awarded at any stage of the legal proceedings. According to Section 37(2) of the Specific Relief Act, 1963, a permanent injunction can exclusively be obtained through a decree issued during the trial proceedings and based on the merits of the case.
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A.Dear client,
An injunction is an order by the court that makes a person not do something or abstains him from committing some act. The basic aim behind the injunction is to make sure that the violated rights of the party are restored without any interference.
Section 38 of the Specific Relief Act, 1963 provides the situations where perpetual injunctions can be granted.
Section 94 of the CPC is about preventing interference with justice. Part (c) deals with giving out temporary injunctions.
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An injunction is an order by the court that makes a person not do something or abstains him from committing some act. The basic aim behind the injunction is to make sure that the violated rights of the party are restored without any interference.
Section 38 of the Specific Relief Act, 1963 provides the situations where perpetual injunctions can be granted.
Section 94 of the CPC is about preventing interference with justice. Part (c) deals with giving out temporary injunctions.
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