On which grounds injunction can be granted?
Asked by: Lynn Dooley | Last update: February 17, 2026Score: 4.4/5 (27 votes)
An injunction can be granted on grounds that a party faces irreparable harm (harm not fixable by money), monetary damages are inadequate, the balance of hardships favors the applicant, and the injunction serves the public interest, preventing future wrongs or preserving the status quo when legal remedies fail. Key factors include a prima facie case (likelihood of success), demonstrating substantial harm without relief, and showing greater potential harm from denying the injunction than granting it.
What are the conditions for grant of injunction?
The applicant must satisfy the Court that: [i] he has a legal right in respect of the subject matter of the suit; [ii] there are substantial or serious issues to be determined in the main suit; [iii] the balance of convenience is in his favour, that is whether more justice will result in granting the injunction than in ...
What are the four factors for injunction?
Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without ...
What are the grounds for an injunction?
Principles Governing Grant of Interim Injunction: Following conditions must be fulfilled before grant of ad interim injunction under Order 39, rules 1& 2 CPC : (1) Prima facie case (2) Balance of convenience (3) Irreparable loss (4) Bona fide conduct of the party seeking injunction.
What are common reasons for injunctions?
Have You Been Harmed by Any of the Following Actions?
- Breach of contract.
- Release of confidential information.
- Violation of non-compete agreement.
- Client privacy violations.
- Shareholder or partner dispute.
- Management malpractice.
- Trademark violation.
Law of injunction interim/perpetual injunction حکمِ امتناعی عارضی/دوامی lecture by Mudasar sahi adv
What evidence do I need for an injunction?
To get an injunction, you need evidence showing irreparable harm that money can't fix, proving you'll likely win the case (likelihood of success), that the harm to you outweighs harm to the other party (balance of hardships), and that it serves the public interest, typically backed by specific facts, dates, and evidence like texts, photos, and witness testimony.
Why would an injunction be denied?
The most common reasons injunctions get denied are: Lack of details – If there isn't enough information about what happened, who committed the crime, and other details, the court is not likely to go through with the case. Not enough proof – The court can't decide on he said/she said cases.
What do you need to prove to get an injunction?
To get an injunction, you need evidence showing irreparable harm that money can't fix, proving you'll likely win the case (likelihood of success), that the harm to you outweighs harm to the other party (balance of hardships), and that it serves the public interest, typically backed by specific facts, dates, and evidence like texts, photos, and witness testimony.
What are the three types of injunctions?
The three main types of injunctions, categorized by timing and duration, are Temporary Restraining Orders (TROs) for immediate, short-term relief; Preliminary Injunctions to maintain the status quo during a lawsuit; and Permanent Injunctions, issued after a full trial, that last indefinitely. These court orders prevent or compel specific actions, with TROs often granted ex parte (without notice) for emergencies, while preliminary and permanent ones follow hearings and trials, requiring proof of irreparable harm.
What are the three ingredients for injunction?
ESSENTIAL INGREDIENTS OF AN INJUNCTION
- Prima Facie Case.
- Balance of Convenience.
- Irreparable Injury.
What are the most common injunctions?
A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner. Examples of a prohibitory injunction are cease and desist orders such as an order stopping a bulldozer prior to the razing of an historic building.
What is the burden of proof for a preliminary injunction?
A plaintiff bears the burden of proving that the legal authority that supports its case is well settled as a matter of law. A preliminary injunction should also not issue when material facts are disputed and clear and convincing evidence to support the case is not in the record.
What types of behavior do injunctions prohibit?
What types of behavior do injunctions prohibit? Injunctions can be used to prevent someone from doing things like harassment, stalking, or violating someone's rights. People can get injunctions to stop harm to property or the environment.
How quickly can an injunction be granted?
It can take one to two weeks typically to get an injunction through the courts. However, if an individual feels at immediate risk of danger then they can apply for an emergency order that will protect you and your family until at least a court hearing.
How to file an injunction without a lawyer?
Actionable Insights and Helpful Tips
- Determine if you need a temporary restraining order or a permanent injunction based on your situation.
- File a complaint with the court to request an injunction detailing your need for protection.
- Gather evidence to support your case of potential irreparable harm.
Where may an injunction be granted?
Injunctions may be issued at different stages of proceedings: Perpetual injunctions are granted at the conclusion of a trial, after both parties have been heard. Interlocutory injunctions are usually granted earlier, following a brief hearing based on affidavit evidence, typically on notice to the other party.
What grounds do you need for an injunction?
An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
Who can issue an injunction order?
A U.S. District Court judge issues the injunction or order under the seal of the clerk of the court.
How powerful is an injunction?
An injunction is extremely powerful, acting as a court order compelling someone to do or stop doing specific acts, often when money isn't enough, preventing irreparable harm in areas like business, property, or personal safety (domestic violence). Its potency comes from severe penalties for violation, including fines or jail time for contempt of court, with even minor infractions requiring immediate reporting and enforcement.
What is the burden of proof for harassment?
BURDEN OF PROOF
This is the standard that civil courts use in discrimination and harassment cases. This standard is also called “more likely than not” – the investigator is making a finding that it more likely than not that the conduct alleged occurred, or more likely than not that it did not occur.
What are the grounds for granting an injunction?
Obtaining an injunction involves a complex procedural framework. The initial burden on the applicant is to establish a prima facie case, demonstrating a serious issue to be tried. They must prove that damages alone would be inadequate and that the balance of convenience supports granting the injunction.
How to write a request for an injunction?
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
What orders cannot be appealed?
Rule 43 of the High Court rules offers a mechanism for a spouse in divorce proceedings to approach the court for an interim order granting them child and/or spousal maintenance pending finalization of the divorce. It has always been a well-established fact that these orders cannot be appealed.
What is the burden of proof for an injunction?
Proving the Elements
When ruling on injunctions, many courts hold that a plaintiff must allege specific facts demonstrating that they will suffer irreparable injury that is inadequately compensated by monetary damages.
What happens if you just ignore someone suing you?
If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.