Can an interim order be challenged?

Can an interim order be challenged?

In a recent judgment, the Bombay High Court ruled that while entertaining the Regular Civil Appeal, if the First Appellate Court passes interim order under Order 39 Rules 1 and 2 of the CPC, it cannot be challenged further by taking help of sub-rule (r) of Rule 1 of Order 43.

Can appeal be filed against an interim order?

e (Order 39 Rule 4), who had passed ex parte order for any relief or to file an appeal under Order 43 Rule 1 of the Code.” “If an order of ad interim injunction is passed under Order 39, R. 1 or 2 of the Code of Civil Procedure, whether ex parte or otherwise, it is appealable, as O. 1 or 2 to prefer on appeal.

Can SLP be filed against interim order?

[SLP against interim order] Supreme Court holds stay without recording any reason affecting revenue of the State cannot be permitted.

Can a district court pass an interim mandatory injunction?

District Court passed as order of interim mandatory injunction directing to restore possession of suit property to plaintiff. This was challenged by the defendants before the High Court in a proceeding u/s 115 of the code. The High Court set aside the order and remanded the matter for consideration by the District Court.

Can a final injunction be granted after a trial?

In contrast to an interim injunction application which is temporary in nature, the court can also grant a final injunction after holding a trial. Because of the need to comply with the court rules and procedures, a lawyer should be engaged to act for the applicant of an injunction.

What are the different types of court injunctions?

It sets out the court’s jurisdiction (including section 37 (1) of the Senior Courts Act 1981) and explains the different types of injunctions including interim, final, prohibitory and mandatory.

What is the purpose of an interlocutory injunction?

Whilst an injunction in itself can amount to final relief in a matter, they are generally sought on an interlocutory basis ( Interlocutory Injunction) which is a temporary remedy is sought to maintain the status quo until the larger legal issues can be heard by the Court.

What is the purpose of an interim injunction?

An injunction is an order of the court that requires a party either to do a specific act, or to refrain from doing a specific act. Interim injunctions are intended to prevent injustice pending trial. They are one of the interim remedies that may be granted by the court under CPR 25.1.

What should the court consider when granting an injunction?

In general, the court will take similar principles into account when considering applications for each type of injunction. These principles are:

When is an interlocutory injunction granted in Canada?

Permanent injunctions are granted after a final adjudication of rights. For lawyers, the legal test for interim and interlocutory injunctions is well known and was set out by the Supreme Court of Canada 20 years ago (the “ RJR-Macdonald Test “).

What are the requirements for a quia timet injunction?

■ The claimant is required to prove the infringement or potential infringement (in the case of a quia timet injunction) of a right which is recognised either in equity or at common law as a pre-condition for the grant of an injunction.