BD Law Reports(BLR) Online Legal Sources of Higher Court Decisions

Basic Requirements for Granting Temporary Injunction

Basic requirements for granting temporary injunction – In order to be entitled to an order of temporary injunction the plaintiffs be must make out (a) a fair prima facie case in support of his claim; (b) then refusing it and (c) he will suffer an irreparable loss and injury from refusal of injunction. When the plaintiff fails to make out a case of prima facie,the question of balance of convenience and inconvenience becomes redundant,Code of Civil Procedure,1908 (V of 1908),Order 39,rule 1 and 2)==Abul Kalam Azad and Others vs Zahurul Islam and Others 15 BLD435

Balance of Convenience and Inconvenience

In order to consider rasic requirements balance of convenience and inconvenience rule has no place where the applicant’s right is doubtful,or where he can be compensated by damages in money or where the wrong might have been redressed if the applicant was sufficiently vigilant, Code of Civil Procedure,1908 (V of 1908),Order 39,rule 1 and 2) == Sarhind Garments Ltd vs Glory Truth Industries Ltd ,49 DLR 260

It is now well settled that under order 39 rules 1 and 2 or under section 151 of the Code,an application for temporary injunction must satisfy the court that the petitioner has good prima facie case arguable case for injunction. In order to obtain an order of temporary injunction there two requirements,namely the balance of convenience and inconvenience and the question of irreparable loss and injury that may be sustained by the applicant or case of non granting temporary injunction. Mere presence of prima facie case or arguably thereof will not by itself be a ground for issuing temporary injunction. The existence of prima facie case, the irreparably of loss and injury ,the balance of convenience and inconvenience must co-exist before granting temporary injunction, Code of Civil Procedure,1908 (V of 1908),Order 39,rule 1 and 2) Sarhind Garments Ltd vs Glory Truth Industries Ltd ,17BLD 204 ,Ref: Uttara Bank vs Macneil and Kilburn Ltd and Others,33DLR (AD) 298, SN Gupta & Co. vs Sadananda Ghose and Others, 11 DLR 370, Miah Mohammad Latif vs Province of West Pakistan ,22 DLR (SC) 98.