{"id":21886,"date":"2024-03-27T03:46:06","date_gmt":"2024-03-26T22:16:06","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=21886"},"modified":"2025-10-10T13:47:09","modified_gmt":"2025-10-10T08:17:09","slug":"ex-parte-injunction","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/ex-parte-injunction\/","title":{"rendered":"What is an Ex-parte Injunction?"},"content":{"rendered":"<h2>About Ex-parte Injunction<\/h2>\n<ul>\n<li>It is a\u00a0court order that is\u00a0issued without hearing from\u00a0the other party involved in the case. It is also known as a\u00a0temporary restraining order.<\/li>\n<li>This type of <a href=\"https:\/\/vajiramandravi.com\/current-affairs\/injunction\/\" target=\"_blank\"><u>injunction<\/u><\/a> is only\u00a0granted in emergency situations where there is a risk of irreparable harm if immediate action is not taken.<\/li>\n<li>The\u00a0court will consider the evidence presented by the person requesting the injunction and decide whether to grant it or not.<\/li>\n<\/ul>\n<h2>What is an Injunction?<\/h2>\n<ul>\n<li>In India, an injunction is a\u00a0legal remedy available to parties who wish\u00a0to prevent the\u00a0other party from carrying out a certain action or behavior.\u00a0<\/li>\n<li>Injunctions can be granted in\u00a0a variety of situations, such as in cases of\u00a0intellectual property infringement, breach of contract, or defamation.<\/li>\n<li>An injunction is a powerful legal tool that acts as a court order\u00a0requiring a party to do or cease doing specific actions.\u00a0<\/li>\n<li>It plays a crucial role in many legal battles, serving as a preventive measure to stop legal wrongs or as a remedy to enforce rights.\u00a0<\/li>\n<li>Injunctions are a\u00a0discretionary remedy, and the\u00a0court will consider various factors\u00a0before deciding whether to grant an injunction. These factors may include the urgency of the matter, the balance of convenience, and the likelihood of success in the underlying lawsuit.<\/li>\n<li>Types of Injunctions in India:\n<ul>\n<li>Temporary Injunctions: They are granted to\u00a0preserve the status quo\u00a0until a final decision can be reached. These are usually granted at the start of a case and can last for the duration of the legal proceedings.<\/li>\n<li>Permanent Injunctions: They are granted\u00a0after the court has made a final determination in the case. They prohibit the defendant from continuing a particular action or behavior.<\/li>\n<li>Mandatory Injunctions: They require the defendant to carry out a particular action. They are often granted in cases of breach of contract, where the plaintiff requires the defendant to fulfill their contractual obligations.<\/li>\n<li>Prohibitory Injunctions: They\u00a0prohibit the defendant from carrying out a particular action or behavior. They are often granted in cases of intellectual property infringement or defamation.<\/li>\n<\/ul>\n<\/li>\n<li>In India, the\u00a0law regarding injunction is provided\u00a0under the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908.\u00a0<\/li>\n<li>What happens if the party violates the injunction? If a party violates the injunction, they may be held in contempt of court and could\u00a0face penalties such as fines or imprisonment.<\/li>\n<\/ul>\n<hr \/>\n<h3>Q1) What is the Specific Relief Act, 1963?<\/h3>\n<p>It is a legal statute dealing with reliefs or recovery of the damages of the injured person. This Act was enacted in 1963 following the approach that when a person has withdrawn himself from the performance of a particular promise or a contract with respect to another person, the other person so aggrieved is entitled to a relief under Specific Relief Act, 1963. This Act is considered to be in one of the branches of the Indian Contracts Act, 1872.<\/p>\n<p><strong>Source:<\/strong> <a href=\"https:\/\/timesofindia.indiatimes.com\/india\/pre-trial-injunction-against-news-publication-may-have-severe-ramifications-for-freedom-of-speech-sc\/articleshow\/108789776.cms\" target=\"_blank\" rel=\"nofollow noopener\"><u>Pre-trial injunction against news publication may have severe ramifications for freedom of speech: SC\u00a0<\/u><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Ex-parte Injunction is a court order that is issued without hearing from the other party involved in the case. It is also known as a temporary restraining order.<\/p>\n","protected":false},"author":5,"featured_media":21887,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":{"0":"post-21886","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-upsc-prelims-current-affairs","8":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/21886","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/comments?post=21886"}],"version-history":[{"count":0,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/21886\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media\/21887"}],"wp:attachment":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media?parent=21886"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/categories?post=21886"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/tags?post=21886"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}