Prohibitory Injunction MIND MAP PDF

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1.may initiate by filing ex-parte application

5. Sample: your neighbour started construction work on his land and causes cracks on the walls of your houses. You had informed your neighbour, but the work still carrying on. You may apply for an ex-parte prohibitory injunctions to restrain your neighbour from carrying the work on his land, pending the trial

2. not mandatory unless the matter is really urgent

3. application is filed and an order is sought without the presence of other party a. Ex-parte interim

4. Application is made before the trial, it is known as ex-parte interim / ex-parte interlocutory application

Muhammad Firdaus Bin Bidin SOL UUM 1.A prohibitory injunction restrains one party from doing a particular act

if inter-pares hearing cannot be heard within 21 days, court may allow an ad interim injunction is a holding over injunction, an injunction given pending the hearing of the inter-partes application

promise no to rear cat in the premises

b. Ad Interim

3.Stages of Prohibitory Injunctions when the court hears the inter pares application and grants injunctions= interim injunction

1. to prevent the breach of an obligation from contract

PROHIBITORY INJUNCTION

c. Interim

2.S52 of Specific Relief Act

It is granted during the interlocutory stage, also known as interlocutory injunctions

perpetual prohibitory injunction may be granted

2. When Def invades Ptf's right and misappropriates it

will be valid until the trial is over

d.Permanent

once the trial is over, court may grant a permanent prohibitory injunctions at the conclusion of the trial

Def is trustee of Ptf's prop, misappropriates it

there is no standard to assess the damage caused by the invasion

pecuniary compensation is inadequate/ can't be ontained

it is necessary to prevent multiple proceedings...