Civil Flashcards
(53 cards)
What is the primary purpose of Order 39 in the Civil Procedure Code?
To provide for the temporary injunctions and interlocutory orders.
True or False: Order 39 applies only to civil cases.
True
Fill in the blank: Order 39 deals with __________ and __________.
injunctions, interlocutory orders
What are the two main types of injunctions under Order 39?
Temporary injunctions and perpetual injunctions.
What is a temporary injunction?
An order to restrain a party from doing a particular act until a certain time.
Which rule of Order 39 discusses the grant of a temporary injunction?
Rule 1
What must a plaintiff show to obtain a temporary injunction under Order 39?
A prima facie case, balance of convenience, and irreparable injury.
True or False: A temporary injunction can be granted without notice to the opposite party.
True
What does Rule 2 of Order 39 pertain to?
The procedure for making an application for a temporary injunction.
Complete the sentence: An interlocutory order is one that is made __________.
during the course of litigation.
True or False: Order 39 allows for the appointment of a receiver.
True
What is the significance of Rule 3 in Order 39?
It relates to the power to direct the defendant to refrain from certain acts.
What is one of the key considerations for a court in granting a temporary injunction?
The likelihood of success on the merits of the case.
Fill in the blank: An order under Rule 1 can be made at any time before the __________.
final disposal of the suit.
What is the effect of a temporary injunction once granted?
It restrains the defendant from acting in a manner that is harmful to the plaintiff’s rights.
True or False: A temporary injunction can be modified or set aside.
True
What does Rule 4 of Order 39 address?
The duration and conditions of the temporary injunction.
What happens if a party disobeys a temporary injunction?
They may face contempt of court proceedings.
True or False: An appeal can be made against an order of temporary injunction.
True
What is the purpose of Rule 5 in Order 39?
To provide for the consequences of disobedience of an injunction.
What is a perpetual injunction?
An order that permanently restrains a party from doing a specific act.
Complete the sentence: The court may order a temporary injunction to prevent __________.
irreparable harm.
What is the role of the court in deciding on an interlocutory application?
To assess the merits of the case and the balance of convenience.
True or False: The plaintiff must always provide a bond when applying for a temporary injunction.
True