What is prohibitory injunction?
A Prohibitory Injunction is simply an order of court requiring a person to restrain from doing any particular act, whereas in mandatory injunction court not only requires a person to restrain from doing an act, but also compels performance of certain act necessary for putting an end to a wrongful state of things …
What is suit for permanent prohibitory injunction?
In a suit for permanent injunction to restrain the defendant from interfering with plaintiff’s possession, the plaintiff will have to establish that as on the date of the suit he was in lawful possession of the suit property and defendant tried to interfere or disturb such lawful possession.
What is the difference between a mandatory injunction and a prohibitory injunction?
A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.
What are the three types of injunction?
Types of Injunction
- Preliminary injunction.
- Preventive Injunction.
- Mandatory injunction.
- Temporary restraining order.
- Permanent injunction.
Is a freezing order an injunction?
A freezing order, also known as Mareva injunction, is a type of interlocutory injunction which prevents a defendant/respondent from dealing with the whole or part of their assets (i.e. by moving assets abroad or dissipating them) while legal proceedings are ongoing.
When can an injunction be granted?
per Sec. 37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.
What is an example of an injunction?
Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.
What is the purpose of Mareva injunction?
Mareva Injunction is a Court order which effectively freezes assets of a defendant from being dissipated pending the outcome or completion of a legal action before the Courts. This injunction is particularly effective over liquid assets such as money held in banks or financial institutions.
What is the usual undertaking as to damages?
The “usual undertaking as to damages”, if given to the court in connection with any interlocutory order or undertaking, is an undertaking to the court to submit to such order (if any) as the court may consider to be just for the payment of compensation (to be assessed by the court or as it may direct) to any person ( …
When can an injunction not be granted?
41 of Specific Relief act an injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restrain is necessary to prevent multiplicity of proceedings; (b) to restrain any person from instituting or …
When to apply for an injunction in Singapore?
Injunctions are usually awarded where damages (or monetary recompense) would be inadequate to compensate the plaintiff. For instance, where construction works in a neighbouring property damages an estate, the owner of the estate may wish to apply to the court for an injunction to stop the continuation of the construction.
Can a prohibitory injunction be awarded for breach of contract?
A prohibitory injunction may be available to ensure that the defaulting party honours his promise not to do something. Like specific performance, prohibitory injunctions are only awarded in exceptional cases, typically where damages are inadequate to remedy the breach of contract.
Can a lawyer act for an applicant of an injunction?
Because of the need to comply with the court rules and procedures, a lawyer should be engaged to act for the applicant of an injunction. The defendant may of course apply to the court to discharge or vary an injunction granted against him.
Can a court discharge or vary an injunction?
The defendant may of course apply to the court to discharge or vary an injunction granted against him. Where the court orders an injunction to restrain a defendant and the defendant wilfully breaches the terms of this injunction, he is liable for contempt of court.