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Ex-parte Injunction

Ex-parte Injunction:

The Supreme Court recently said that the courts should not grant ex-parte injunctions against the publication of a news article, barring in exceptional cases.

  • Ex-parte Injunction 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.
  • 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.
  • In India, the law regarding injunction is provided under the Specific Relief Act, 1963 and the Code of Civil Procedure, 1908.
  • If a party violates the injunction, they may be held in contempt of court and could face penalties such as fines or imprisonment.