What Does Injunctive Relief Mean In Law?

What’s a mandamus?

A writ of mandamus is a court order compelling someone to execute a duty that they are legally obligated to complete.

A writ is also used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion..

Can the defendant pray for an order of injunction?

From the above, it is clear that in a suit filed by the plaintiff, it is open to the defendant to file an application only U/o XXXIX Rule 1(a) of CPC seeking temporary injunction and the Court on being satisfied that a case is made out for grant of such injunction, can grant the same in its discretion.

What is an example of injunctive relief?

Injunctive relief usually takes one of three forms: temporary restraining order (TRO), preliminary injunction, and permanent injunction. … One extreme example would be a mandatory injunction, which courts rarely implement.

What does injunctive mean?

1. a judicial process or order requiring the person or persons to whom it is directed to do or refrain from doing a particular act.

What is an example of an injunction?

Injunctions are also used by a court when monetary restitution isn’t sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.

What is the difference between damages and injunctive relief?

Compensatory damages – the amount of money the plaintiff lost where the defendant’s tort was the “legal” cause of the loss. … Injunctive relief – a court order prohibiting the defendant from continuing or repeating the tortious behavior.

How many types of injunction are there?

two typesGenerally speaking, there are two types of injunctions under the act, as mentioned below: Temporary Injunction. Perpetual/Permanent Injunction.

How does an injunction work?

An injunction is an order by a court commanding or prohibiting a specific action. If a defendant fails to abide by an injunction issued against them, they can be held in contempt of court and punished with imprisonment or fines. … The rules regarding the issuance of injunctions vary somewhat by jurisdiction.

What can an injunction be used for?

Its purpose is to prevent dis-solution of the plaintiff’s rights. The main reason for use of a preliminary injunction is the need for immediate relief. … They seek to prevent threatened wrong, further injury, and irreparable harm or injustice until such time as the rights of the parties can be ultimately settled.

How much is a injunction order?

The Judge will hear the application and decide whether or not it is suitable to issue an injunction. At the first hearing the Judge will (more than likely) issue an interim order, followed by a further hearing to issue the injunction. The average cost of obtaining an injunction is approximately £500.

What are the different kinds of injunction?

Following types of Injunctions are granted by the Court.Temporary and Permanent Injunctions ( Sections 36 & 37)Perpetual Injunctions ( Section 38)Mandatory Injunctions ( section 39)Damages in lieu of or in addition to Injection( Section 40)Injunction to perform a negative covenant( section 42)

What is the difference between a restraining order and an injunction?

Limited in their duration and effect, “restraining orders” are distinguished from the more lasting form of court intervention called an “Injunction.” Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.

What is an injunction against someone?

An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. The purpose is to require him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary.

Can anyone file an injunction?

The process for filing an injunction differs dramatically. Some courts allow for online filing and will accept any document someone offers. Others require filing in person, and the clerks will carefully look over the pleading to ensure it complies with the rules.

How do you get a injunction on someone?

You can apply to the court for a non-molestation order. This can require your partner not to use violence, threaten or intimidate you (or your children). An injunction cannot guarantee that the abusive behaviour will stop, but an abuser who breaches the terms of a non-molestation order can be arrested.