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Which one of the following statements best describes the term ‘ex-parte injunction’?
- a)A directive issued by a magistrate in criminal cases.
- b)A court order issued without hearing from the other party involved.
- c)A permanent injunction granted after a trial.
- d)An injunction issued only in civil cases.
Correct answer is option 'B'. Can you explain this answer?
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Which one of the following statements best describes the term ‘e...
Courts should not grant ex-parte injunctions against the publication of a news article, barring in exceptional cases, as it may have severe ramifications for the right to freedom of speech, the Supreme Court said recently.
About Ex-parte Injunction:
- It 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.
- This type of injunction is only granted in emergency situations where there is a risk of irreparable harm if immediate action is not taken.
- The court will consider the evidence presented by the person requesting the injunction and decide whether to grant it or not.
What is an Injunction?
- In India, an injunction is a legal remedy available to parties who wish to prevent the other party from carrying out a certain action or behavior.
- Injunctions can be granted in a variety of situations, such as in cases of intellectual property infringement, breach of contract, or defamation.
- An injunction is a powerful legal tool that acts as a court order requiring a party to do or cease doing specific actions.
- 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.
- Injunctions are a discretionary remedy, and the court will consider various factors before 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.
- Types of Injunctions in India:
- Temporary Injunctions: They are granted to preserve the status quo until 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.
- Permanent Injunctions: They are granted after the court has made a final determination in the case. They prohibit the defendant from continuing a particular action or behavior.
- 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.
- Prohibitory Injunctions: They prohibit the defendant from carrying out a particular action or behavior. They are often granted in cases of intellectual property infringement or defamation.
- In India, the law regarding injunction is provided under the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908.
- What happens if the party violates the injunction? If a party violates the injunction, they may be held in contempt of court and could face penalties such as fines or imprisonment.
Hence option b is the correct answer.
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Which one of the following statements best describes the term ‘e...
Ex-parte Injunction
An ex-parte injunction is a court order issued without hearing from the other party involved. This type of injunction is typically granted in urgent situations where immediate relief is necessary to prevent irreparable harm or damage.
Key Points:
- Issued without Hearing: In an ex-parte injunction, the court makes a decision without giving the other party an opportunity to present their side of the case. This is usually done when there is a risk that waiting for a full hearing could result in significant harm.
- Temporary Nature: Ex-parte injunctions are typically temporary in nature and are meant to provide immediate relief until a full hearing can take place. The court may later decide to lift the injunction, modify it, or make it permanent after hearing from both parties.
- Common in Civil Cases: Ex-parte injunctions are more common in civil cases, where disputes between individuals or organizations require swift action to prevent harm or loss. However, they may also be issued in certain types of criminal cases in exceptional circumstances.
- Notice Requirements: While ex-parte injunctions are issued without hearing from the other party, the court may require the party seeking the injunction to provide notice to the other party after the injunction has been granted. This allows the other party to challenge the injunction or seek a modification.
In conclusion, an ex-parte injunction is a court order issued without hearing from the other party involved, typically in urgent situations where immediate relief is necessary. It is temporary in nature and serves to prevent harm or damage until a full hearing can take place.
An ex-parte injunction is a court order issued without hearing from the other party involved. This type of injunction is typically granted in urgent situations where immediate relief is necessary to prevent irreparable harm or damage.
Key Points:
- Issued without Hearing: In an ex-parte injunction, the court makes a decision without giving the other party an opportunity to present their side of the case. This is usually done when there is a risk that waiting for a full hearing could result in significant harm.
- Temporary Nature: Ex-parte injunctions are typically temporary in nature and are meant to provide immediate relief until a full hearing can take place. The court may later decide to lift the injunction, modify it, or make it permanent after hearing from both parties.
- Common in Civil Cases: Ex-parte injunctions are more common in civil cases, where disputes between individuals or organizations require swift action to prevent harm or loss. However, they may also be issued in certain types of criminal cases in exceptional circumstances.
- Notice Requirements: While ex-parte injunctions are issued without hearing from the other party, the court may require the party seeking the injunction to provide notice to the other party after the injunction has been granted. This allows the other party to challenge the injunction or seek a modification.
In conclusion, an ex-parte injunction is a court order issued without hearing from the other party involved, typically in urgent situations where immediate relief is necessary. It is temporary in nature and serves to prevent harm or damage until a full hearing can take place.
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Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer?
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Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer?.
Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer?.
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Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Which one of the following statements best describes the term ‘ex-parte injunction’?a)A directive issued by a magistrate in criminal cases.b)A court order issued without hearing from the other party involved.c)A permanent injunction granted after a trial.d)An injunction issued only in civil cases.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an
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