Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Grant or refusal of an injunction

Thursday, May 17, 2012
Grant or refusal of an injunction

Grant or refusal of an injunction — Held, grant or refusal of an injunction in a civil suit is the most important stage in the civil trial — Due care, caution, diligence and attention must be bestowed by the judicial officers and judges while granting or refusing injunction — In most cases, the fate of the case is decided by grant or refusal of an injunction — Experience has shown that once an injunction is granted, getting it vacated would become a nightmare for the defendant — In order to grant or refuse injunction, the judicial officer or the judge must carefully examine the entire pleadings and documents with utmost care and seriousness — The safe and better course is to give short notice on injunction application and pass an appropriate order after hearing both the sides — In case of grave urgency, if it becomes imperative to grant an ex-parte ad interim injunction, it should be granted for a specified period, such as, for two weeks.

 
Grant or refusal of an injunction

Grant or refusal of an injunction — Ordinarily, three main principles govern the grant or refusal of injunction.

 

 a) prima facie case;

 

 b) balance of convenience; and

 

 c) irreparable injury, which guide the Court in this regard.

 

 In the broad category of prima facie case, it is imperative for the Court to carefully analyse the pleadings and the documents on record and only on that basis the Court must be governed by the prima facie case — In grant and refusal of injunction, pleadings and documents play vital role.

 
Grant or refusal of an injunction

Grant or refusal of an injunction — In grant and refusal of injunction, pleadings and documents play vital role.

 
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