The prima facie standard for interim injunctions in India

Swarup, Aditya (2017) The prima facie standard for interim injunctions in India. NLUD Journal of Legal Studies (National Law University Delhi), 4. pp. 20-46. ISSN 2277-4009

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One ofthe most significant and engaging aspects ofa civil suit is the granting of an interlocutory injunction pending the final decision in the matter The grant of such an injunction is meant to be purely provisional in nature, with the objective of maintaining status quo, and in the hope that a party does not suffer irreparable harm. Indian courts have time and again stated that to grant an interlocutory injunction, the existence of a prima facie case, irreparable harm and a balance of convenience must be shown. With regards to prima facie case, as far back as 1900, Sir John Woodroffe presciently wrote that being a severe remedy, an injunction will not be granted in the first instance except upon a clear prima facie case and upon positive averments of the equities on which the application for the relief is based. However, the term 'prima Facie case has acquired varied meanings and conceptions over time. It is one of the purposes ofthis paper to set out the varied meanings of the term

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 10 May 2022 04:13
Last Modified: 11 May 2022 04:48


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