What are the consequences of disobedience or breach of injunction?

What is Rule 2 A of Order 39?

O. XXXIX R. 2A provides for two contingencies – when an order is not complied with by a party and the ensuing recourse in case of such non-compliance; and when an order is not complied by a party and the non-compliance has not ceased.

What is order 39 rule 4?

According to Rule 4 of Order 39 CPC any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order and two grounds are specified under the first proviso to Rule 4 which are available to the party seeking to set aside the order ...

What is injunctive relief for breach?

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.

What are the four types of injunctive relief?

What are the 3 essentials of injunction?

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.

What is the most common type of injunction?

By far the most common type of injunction, the temporary restraining order is used in many different situations, including domestic violence. Temporary injunctions are most commonly used to put an immediate stop to an action to prevent further harm or damage.

What is the best an example of an injunction?

An injunction is a court order stating that a company must do something or seize from doing a certain action. Injunctions are often granted when monetary damages are not sufficient to remedy a given situation. For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

Are injunctions constitutional?

Professor Mila Sohoni has argued that national injunctions are both constitutional and good. She argues that national injunctions were recognized as a valid remedial power of federal courts for almost all of the twentieth century, and perhaps even earlier. Similarly, attorneys David Hausman & Spencer E.

What is a wrongful act that can legally result in damages or an injunction called?

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

What is irreparable harm in a breach of contract?

Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order.

Are injunctions a remedy for breach of contract?

Injunctions as a remedy for breach of contract

For example, an injunction may be granted to ensure a party does not disclose confidential commercial material or to prevent a party from disposing of property that is subject to the contract. Injunctions can either be: Mandatory – ordering a party to do something or.

Is injunctive relief punitive damages?

Punitive damages - additional financial award to the plaintiff to deter the defendant from repeat offenses where the defendant acted with “malice” Injunctive relief - a court order prohibiting the defendant from continuing or repeating the tortious behavior.

What is the difference between damages and injunctive relief?

In brief, damages are usually awarded in the form of money, whereas injunctive relief is in the form of a court order to stope someone from doing something. Example, compensatory damages is the amount of money the plaintiff lost where the defendant's tort was the “legal” cause of the loss.

What is an injunction and give an example?

An injunction is a court order delivered in a civil trial or suit. This court order stops the defendant from pursuing a certain activity. This can include constructing a new building, pursuing a business venture, or making transactions that are harmful to the plaintiff.

What is monetary damages?

Monetary damages are a form of judicial remedy that can be awarded to a claimant in compensation for an injury or loss wrong- fully inflicted. 1 This form of remedy is most commonly referred to simply as “damages.” The essence of damages is the payment of money as a release from civil liability.

When a party fails to perform in the manner called for in the contract a breach occurs?

When a party fails to perform in the manner called for in the contract, a breach occurs. When a party expressly declares before the time for performance arrives that the contract will not be performed, such a declaration is called an anticipatory repudiation.

How do you value injunctive relief?

The “Plaintiff's Viewpoint approach” values the amount in controversy strictly from any monetary benefit to the plaintiff(s). The “Either Viewpoint approach” values the amount in controversy as the higher of any monetary benefit to the plaintiff or the cost to the defendant of implementing the injunction.

What does Rule 46 mean?

When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.

What is Rule 9 of order?

Rule 9 Order 9 of the CPC provides for restoration of the suit dismissed under Rule 8 for non-appearance. The Rule mandates that where a suit is dismissed under Rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.

What is Order 39 Rule 2A and contempt?

provisions of Order 39 Rule 2A CPC provides a remedy against a person flouting an order of injunction passed by the court the jurisdiction of the High Court to take action under ... Contempt of Courts Act and that appropriate procedure is the one prescribed under Order 39 Rule ...