Pros And Cons Of Interim Relief

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The primary purpose of granting interim relief is the preservation of property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. In other words, the object of making an order regarding interim relief is to evolve a workable formula to the extent called for by the demands of the situation, keeping in mind the pros and cons of the matter and striking a delicate balance between two conflicting interests, i.e., injury and prejudice, likely to be caused to the plaintiff if the relief is refused; and injury and prejudice likely to be caused to the defendant if the relief is granted. The court in the exercise of sound judicial discretion can grant or refuse to grant interim relief. The underlying…show more content…
There are several common types, which are generally classified by the requisite that is demanded or enforced and the speed at which it is required. They are decided judiciously, and depend on the facts of each specific situation or instance. If an injunction is violated, the violator can be held in contempt of court and will be punished accordingly. The most common types of injunctions are temporary, preventive, permanent, and mandatory. A temporary injunction, also called a preliminary injunction, is used to provide immediate relief. This type of injunction can be invoked as a provisional remedy to preserve subject matter. It is often used to protect the rights of one of the involved parties. Temporary or preliminary injunctions do not decide the issues or merits of a case. In the case of a plaintiff or party’s rights, a temporary injunction is not conclusive or deciding. If rights have been harmed, a preliminary injunction can halt progress to prevent further injustice. At the point of a temporary injunction, the court examines the present state and circumstances before continuing into an area that would obstruct the rights of the parties involved. The use of this injunction is generally considered to be appropriate only in extraordinary…show more content…
It can also be referred to as prohibitive, negative, or prohibitory. Prohibitory injunctions preserve the status quo and restrain a party from committing injury or wrong. These mandates cannot be used to address a completed act or indiscretion. A mandatory injunction, like a temporary injunction, provides relief and can either prevent an injurious action or mandate or demand action. Normally, a mandatory injunction requires a positive act or performance of some kind. Courts are generally hesitant to mandate harsh acts, and mandatory injunctions are rarely granted. Lastly, a permanent injunction, sometimes known as a perpetual injunction, is an injunction of final relief. They are granted at the time of the final court decision. A perpetual injunction remains so long as the conditions which were in place at the time remain constant. A permanent injunction is often ordered for cases involving ethical laws or
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