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WHAT IS INJUNCTION? LAW OF INJUNCTION:

WHAT IS INJUNCTION? LAW OF INJUNCTION:

An Injunction is a judicial order, an authoritative warning, command, directive, ruling or order by a Court of Law which restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party. An injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions.

An injunction is an order issued by a court that forces the defendant––a person, corporation or government entity––to do something or stop doing something, depending on what the plaintiff is requesting.

INJUNCTION: A court order by which an individual is required to perform, or is restrained  from performing, a particular act. A writ framed according to the circumstances of the individual case.

An injunction commands an act that the court regards as essential to justice, or it  prohibits an act that is deemed to be contrary to good conscience. It is an extraordinary remedy, reserved for special  circumstances in which the temporary preservation of the status quo is necessary.

Injunction is also called stay order.

Requirements:

In most cases/jurisdictions, an injunction will not be granted unless the party seeking the injunction can prove that they will cause irreparable injury if the court does not grant the injunction. Irreparable injury means that the harm inflicted on one party is so bad that no monetary or other type of payment is a good enough reward for putting up with the circumstances. In addition, the party must show there is no other remedy available. Furthermore, the party must demonstrate that if the court balances the parties' interests, the balance will tilt in favour of the party seeking the injunction.

To seek an injunction from the Court of Law a lis/case is filed and along-with the main case/plaint an application for temporary injunction is also filed. The main ingredients of application for Temporary Injunctions are;

1-   That the petitioner has strong prima-facie case and there is every likelihood to succeed in the same.

2-   That the balance of convenience or that of inconvenience leans in favour of the petitioner.

3-   That if the temporary injunction is is not granted the petitioner shall suffer an irreparable loss.

WHY AN INJUNCTION IS NEEDED?:

For example if you move into a new house, and your new neighbours play loud music in the middle of the night, every single day? What happens if a baseball stadium is built next to your house, and lights shine in on you every night preventing you from sleeping? These are situations where you may ask the offending party to stop doing something that is bothersome and a nuisance to you. However, there are times when simply asking does not resolve the problem. In such a case, you may seek to go to court to ask the judge to intervene in the situation and force the offensive party from continuing to behave in the problematic manner. In order to do so, you would file a case/suit for an injunction.

KINDS/TYPES OF INJUNCTION:

There are different kinds of injunctions:

i)-    a preliminary injunction which is also called ad-interim injunction,

ii)-  a temporary restraining order and

iii)- a permanent injunction which is also called perpetual injunction.

 A preliminary injunction is one which is given to a party prior to a trial. Since a full trial has not yet occurred, the courts are usually reluctant to issue this type of injunction unless it is absolutely necessary and great damage may occur without the preliminary injunction.

Another type of injunction is known as the temporary restraining order. This type of injunction is very limited in time and scope. The purpose of the temporary restraining order is to give the court time to review the matter in order to determine whether to grant a preliminary injunction.

On the

The 9 Stages of a Criminal Trial

The 9 Stages of a Criminal Trial

Although each case is unique, criminal charges tend to follow a pretty familiar path through the justice system. Young Legal Eagles in order to help a layman understand the broad outline of how criminal charges move through the criminal justice system have endeavoured to enumerate  stages that if someone is involved, he/she should consult a criminal defence lawyer to learn how his case will proceed in the court that hears it.

Stage 1: Arrest or apprehension of arrest!

As a general rule, when a police officer sees a crime being committed or has probable cause to believe that a cognizable crime is committed in his or her presence or jurisdiction, the officer can make an arrest forthwith or after registration of FIR. In non cognizable cases law permits officers to make  arrests after obtaining warrant. Arrest warrants are issued by a judge or magistrate. They are based on written requests submitted by law enforcement officers explaining the facts that justify an arrest. If those facts establish probable cause to believe that the named suspect committed a crime, the magistrate will issue a warrant that allows an officer to enter private property in order to arrest that suspect.

Stage 2: Posting Bail

Every person who has been named in FIR is presumed innocent. Because innocent people should not be jailed, most persons succeed to secure pre arrest bails and those failing are released from custody pending the outcome of their criminal charges. At the same time, courts want some assurance that accused will appear for their trial and other court proceedings. In some cases, courts also want assurances that accused who are released from custody will not threaten witnesses or commit new crimes. Courts resolve the tension between freeing the presumptively innocent and assuring future court appearances by allowing release on bail.

If the suspect is not a flight risk, the magistrate may decide to authorize a release with or without surety If the magistrate is concerned that the suspect will flee if released, the magistrate may require the accused to post surety that will guarantee that the accused appears at all court hearings that require his / her personal appearance. The court can also impose conditions of release, including prohibiting contact with the victim or witnesses, requiring the accused to participate in drug testing or treatment, imposing a curfew and other restrictions or requirements that ensure the public’s safety in case of being mentally ill.

Stage 3: The Filing of Formal Charges

Prosecutors typically charge misdemeanors by filing a criminal Challan with a court. Criminal Challans usually contain a statement of facts that explain how, when and where the accused committed the charged offences and type of evidence against him. A criminal Challan  is followed by a preliminary hearing. The court determines whether the charges are supported by probable cause after considering the testimony of witnesses. If the court decides that the accused is reasonably connected with commission of triable offence , formal charges in a document called an "Charge فرد جرم" are framed requiring the accused to plead guilty or not guilty. On plea to stand trial by pleading not guilty, the court directs prosecution to lead evidence. Although the details vary, the accused generally have the right to obtain or inspect police reports, laboratory reports, photographs and physical evidence that will be introduced against the defendant at trial. Witness statements must be disclosed.

Stage 4: Motions

Many criminal cases are dismissed as a result of motions filed by a defence attorney on the grounds that either charge was groundless or there was no probable cause of conviction.

Stage 5:Negotiation and Settlement

Some form of plea bargaining occurs in our jurisdiction.Plea bargaining is the process of negotiating a resolution of the case. It may involve an agreement to dismiss some charges, to plead guilty to less

Difference between Appeal and Revision

*Difference* *between* *Appeal* *and* *Revision?*
*-----------------------------------------*
*Appeal:* Appeal is a process of re-examination of the judgment and decree, or order or the decisions passed by the original court is a suit or in a case. The expression *“appeal”* has not been defined in the code, but it may be defined as “the judicial examination of the decision by a higher court of the decision of an inferior court”.
*Revision:* Revision is re-working and re-writing. Revision, meaning "to see again," takes place during the entire writing process as we change words, rewrite sentences, and shift paragraphs from one location to another in our essay. Revision means the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.
*The* *distinction* *between* *the* *appeal* *and* *revision* *in* *the* *following:*
*(1)* An appeal lies to a superior court, which may not necessary be a High Court, while a revision application under the code lies only to the High Court.
*(2)* An appeal lies only from the decrees and appealable order, but a revision application lies from any decision of a court subordinate to the High Court from which no appeal lies to the High Court or to any subordinate court.
*(3)* A right of appeal is a substantive right conferred by the statute, while the revisional power of the High Court is purely discretionary.
*(4)* An appeal abates if the legal representatives of a deceased party are not brought on record within the prescribed period. A revision application however does not abate in such case. The High Court may at any time bring the proper parties on the record of the case.
*(5)* The grounds for an appeal and revision application are also different. An appeal lies on a question of fact or law or of fact and law, while a revision application lies only on the ground of jurisdictional error.
*(6)* In case of appeal the memorandum of appeal must be filed before the appellate court by the aggrieved party, but filing of an application is not necessary in case of revision.
*(7)* Ordinarily appellate jurisdiction involves rehearing on question of law as well as on facts of the case whereas revisional jurisdiction involves only the question of law and this jurisdiction is never considered a rehearing.
*(8)* An appeal is considered to be a consideration of the original proceeding whereas unlike appeal revisional is not the constitution of the original proceeding.
*(9)* An appeal is a right based remedy and can be claimed as of right if there is statutory existence of it, where the revision is the purely discretionary remedy and cannot be claimed as of right.