সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Order XXXIX, rule 5(A)
Under the clear provisions of Order XXXIX, rule 5(A) of the Code without affording an opportunity of being heard no order of ad-interim injunction shall not be passed upon any statutory body or the Government whatsoever. [73 DLR 180]
An ad-interim injunction passed ex parte against the other party When the other party appears and prays either for vacating the ex parte injunction order or for hearing the substantive application. The Court should give the highest priority to such application.
[DCCI Vs. Nahman Mercantile Agencies 32 DLR 181]
The object of the interlocutory injunction is to protect the plaintiff against injury by the violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertain were resolved in his favour at the trial, but the plaintiffs need for such protection must be weighted against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own level right for which he could not be adequately compensated under the plaintiffs undertaking in damages if the uncertainty was resolved in the defendant's favour at the trial. The Court must weigh one's need against another and determine where the balance of convenience "lies".
[Uttara Bank Vs. Macneill & Kilburn Ltd, 33 DLR (AD) 298]
Power of appellate court to interfere with desecration of the lower court: Where the discretion exercised by the lower court has been judicially exercised and the facts in the case appears to have been correctly appreciated, an appeal against the granting or refusing to grant ad interim injunction should not be entertained. (1933 Rag 153; 1938 Pat 256). So where a court granting or refusing to granted interim injunction, has exercise its discretion Judicially, the mere fact that the judge of the appellate court might come to a different conclusion did not sufficient ground for interference (1930 Sind 287, 19 CLJ 305). But in case of arbitrary exercise of discretion the court can interfere (38 CWN 771; 1934 Cal 694). If the court exercise its judicial discretion the High Court Division will not interfere under section 115 of CPC. 11 DLR 103 Dac: 35 DLR 42 AD: 277H: 1970 PLD 139 SC. 31 DLR 319 AD.
Ad interim injunction.-(1) In order to obtain an ad interim relief, the applicant has not only to establish that he has strong Prima facie case, but he has also to show that the balance of convenience is on his side and that he would suffer irreparable loss unless he was protected during the pendency of the suit. 25 DLR 25H. 1983 BCR 148, AD, 35 DLR 42 AD.
A judge while issuing ad interim injunction has to indicate whether the plff has any personal right or interest in the matter and if so whether such interest would suffer Inconvenient of not issuing an ad interim injunction immediately. While considering whether the object of granting injunction would be defeated by delay, if any, the principle under clause (K) of section 56 of S. R. Act or the rules of balance of convenience and inconvenience cannot be ignored. 17 DLR 319; 37 DLR 83; 35H, 42 AD, 298H 22 DLR 655 Dac, 29 DLR 82 SC, 33 DLR 298 AD 212.
In Arbitration proceeding, an application for ad interim injunction is maintainable. (vi) Save in exception circumstances, it is an abuse for a candidate to make his pursuit or remedies in the civil courts a weapon for dislocating the electoral machine and stopping an election. 25 DLR 274. 27 DLR 338; 1923 Lah contra 1934 Sind 136.
(vii) In a suit for cancellation of deed on the ground of fraud, ad interim injunction against disturbance of plff possession can be granted. 21 DLR 41, 25 DLR 1H, 28 DLR 181H contra 16 DLR 272 Dac.
(viii) Court can grant injunction in miscellaneous case even if there is no suit before the court (54 CWN 848, 33 DLR 291H). So when an ad interim injunction is to be passed some reasoning should be given. 1981 BLD 93H.
Interim injunction granted by trial court when is confirmed in appeal and in revision, application under rule 4 or order XXXIX for cancellation of the order on the ground of change in circumstances is to be filed not in the appellate court, nor in the court which hear the revision application, but the court of first instance. It is to be noted that order of injunction passed in absence of a party can be vacated. 29 DLR 211.
So the court in granting an interim injunction first to see that there is bonafide contention between the parties and then to see whether the plff had a prima facie good case to determine, whether the balance of convenience lies in favour of the grant of in injunction and thirdly whether the piff would suffer irreparable loss if the injunction is refused. 1970 DLC 139 SC-22 DLR 41 SC; 29 DLR 82 SC: 11 DLR 57, 470 Dac.
Effect of an injunction or interlocutory injunction. The effect of an interim or interlocutory injunction is to maintain the matter in status quo until the final order (22 DLR 41 SC; 32 DLR 18H: 1982 BLD 151 AD; 1973 Mys 199, 37 DLR 103 AD). Ordinarily Interlocutory application, such an application for interim injunction U/O XXXIX are decided on affidavit. If a party desires to controvert, the averments contained in the affidavit of the opposite party, he must either file an affidavit in reply or cross examine the deft. In the absence of this, the court is entitled to come its own finding. (vide order XIX-Post: 22 DLR 98SC, 25 DLR 274H 30 DLR 242H, 31 DLR 386, 32 DLR 18H, 28 DLR 415H.
Personal right or interest: Adjudge while issuing an interim injunction has to indicate whether plff has any personal interest in the matter. 17 DLR 319 Dac, 37 DLR 83 Rang, 36 DLR 242 Rang, 10 DLR 193.
A judge while issuing an interim injunction has to decide whether the plff has any personal interest in the matter and if so whether such interest would suffer in the event of not issuing an injunction immediately (1965 PLD 361 Dac=17 DLR 319 Dac 1981 BCR 446H, 35 DLR 42 AD: 291H). So right to assert for getting injunction must be a legal right. 1981 BCR 446H.
Injuction order should be reasonable.-(1) It is pertinent to point out that interim orders are temporary exparte injunction or interim restraining order in the nature of injunction which are granted. So iterim order is injunction or restraining order, obtained exparte, to be in force until after a day named withliberty to serve a notice. 18 DLR 166 Dac, 16 DLR 44 Dac.
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