What is balance of convenience and in convenience?


What is balance of convenience and in convenience?

Balance of convenience” means the comparative mischief or inconvenience to the parties. The Court…has to balance and weigh the mischief or inconvenience to the either side before granting or withholding an injunction.

How do you determine the balance of convenience?

The three conditions must be satisfied before granting the injunction- Firstly, the plaintiff makes out a prima facie case; Secondly, the plaintiff will suffer Irreparable Injury and Thirdly, Balance of convenience lies in favor of the plaintiff.

What is prima facie case balance of convenience and irreparable loss?

Grant of temporary injunction, is governed by three basic principles, i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case.

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 difference between status quo and injunction?

Injunction order restrains the defendant(s) covering his legal representatives, employees, agents,his friends or any one claiming title through such defendant(s) alone. Whereas the status quo order binds the defendant(s) as well as the plaintiff against alteration of the existing situation/status of the property.

Who is a receiver under CPC?

Who is a receiver under the civil procedure code? Under order 40 of CPC, The Receiver is an independent and impartial person who is appointed by the court to administer/manage, that is, to protect and preserve a disputed property involved in a suit.

When should an injunction not be granted?

Relief of injunction cannot be granted when plaintiff has not shown his readiness and willingness to perform his part of the contract. In a suit for specific performance of agreement of sale interim injunction can be granted against defendant basing on 53A of T.P. Act.

What is CPC injunction?

Meaning: An Injunction is a judicial process whereby a party is required to do, or refrain from doing, any act. It is the remedy in the form of an order of the court addressed to a person that either prohibits him from doing or continue to do such act.

What evidence is needed for an injunction?

An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.

What qualifies for an injunction?

Definition of an Injunction An injunction is an order by the Court for a party to either do, or refrain from doing, a particular act or thing. This does not include orders made by the Court for a party to make a payment for damages, but instead includes things such as: Transferring a property into somebody else’s name.

What is 3p Rule 39 CPC?

Order 39, Rule 3 CPC provides in unambiguous terms that in cases where the court proposes to grant an ex parte interim injunction in favour of a party, it shall require the applicant to comply with the provisions contained in the said rule by delivering to the opposite party, or to send to him by registered post.

How do you vacate a status quo order on a property?

The opposite party need not approach high court to vacate the exparte status quo order of the trial court. They may file a petition to set aside the order before the same court under the respective provision of CPC or may even file a petition to vacate the order under provisions of law.

About the author

Add Comment

By Admin

Your sidebar area is currently empty. Hurry up and add some widgets.