What is convenience balance?

v. Satyanarayan Singh[8], observed: ‘Balance of convenience’ means the comparative mischief or inconvenience to the parties. The inconvenience to the plaintiff, if temporary injunction is refused, would be balanced and compared with that to the defendant if it is granted.

Secondly, What do you mean by double jeopardy? In general, in countries observing the rule of double jeopardy, a person cannot be tried twice for the same crime based on the same conduct. If a person robs a bank, that individual cannot twice be tried for robbery for the same offense.

What is a serious question to be tried?

Whether the plaintiff has made out a prima facie case, in the sense that if the evidence remains as it is there is a probability that at the trial of the action the plaintiff will be held entitled to relief (often referred to as a “serious question to be tried”).

Similarly, What is CPC injunction? Meaning: An Injunction is a judicial process whereby a party is required to do, or refrain from doing, any act. It is the remedy in the form of an order of the court addressed to a person that either prohibits him from doing or continue to do such act.

What is the meaning of Jio padi?

Middle School Level. noun, plural jeop·ard·ies. hazard or risk of or exposure to loss, harm, death, or injury: For a moment his life was in jeopardy.

Can you be tried for same crime twice? The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, “No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . ”

What is an injunctive text? (ĭn-jŭngk′shən) 1. The act or an instance of enjoining; a command, directive, or order. 2. Law A court order requiring a party to refrain from doing a particular act or to do a particular act.

What is a final injunction? An injunction granted after the final hearing of a case, which carries finality and permanence. A final injunction can be contrasted to an interlocutory injunction which is granted in the course of a hearing as a temporary stop to maintain the status quo while a matter is decided or otherwise progressed.

What types of injunction can a plaintiff seek?

Types of injunctions include:

• interlocutory Injunction.
• mandatory Injunction.
• prohibitory Injunction and.
• ex parte Injunction.

Who is receiver in CPC? Who is a receiver under the civil procedure code? Under order 40 of CPC, The Receiver is an independent and impartial person who is appointed by the court to administer/manage, that is, to protect and preserve a disputed property involved in a suit.

What is stay in court?

a situation in which a court trial is stopped temporarily or ended by a judge: The judge ordered a stay of proceedings on the grounds that the lawsuit was not serious.

What is prohibitory injunction? If an Injunction forbids or prohibits the commission or continuance of an act like an act of trespass etc. It is known as Prohibitory or Mandatory Injunction. The relief of mandatory injunction is a discretionary relief and can be granted in the circumstances specified under section 39 of the Specific Relief Act, 1963.

How can you be guilty on all 3 charges for the same crime?

Double jeopardy prohibits different prosecutions for the same offense. This rule can come into play when the government brings a charge against someone for an incident, then prosecutes that person again for the same incident, only with a different charge.

Why do many cases never need a trial or jury?

Why do many cases never need a trial or a jury? Many cases are settled by plea bargains before trial. This is a process whereby the defendant pleads guilty to a lesser crime than the crime he/she was originally charged with in order to avoid a trial.

What is the full meaning of acquittal? 1 : release or discharge from debt or other liability. 2 : a setting free or deliverance from the charge of an offense by verdict of a jury, judgment of a court, or other legal process — see also implied acquittal, judgment of acquittal at judgment sense 1a — compare conviction.

What is bailor? A bailor is an individual who temporarily relinquishes possession but not ownership of a good or other property under a bailment agreement. The bailor entrusts possession of the good(s) or property to another individual, known as the bailee.

Is injunctive a word?

(linguistics, uncountable) A verbal mood in Sanskrit characterized by secondary endings but no augment, and usually looked like an augmentless aorist or imperfect. Pertaining to the injunctive mood. …

What is an example of injunctive? Injunctions are also used by a court when monetary restitution isn’t sufficient to remedy the harm. For example, in addition to making a financial judgment against a defendant, a court might issue a permanent injunction ordering that the defendant does not participate in a certain activity or business.

What is a freezing order?

Related Content. Also known as an asset freezing order or freezing injunction (formerly known as a Mareva injunction). An order preventing the disposal of assets by the respondent. Typically, a freezing injunction is sought to preserve the defendant’s assets until judgment can be obtained or satisfied.

How is an injunction served? In the case of civil injunction orders requiring a person not to do an act, the court may therefore dispense with the requirement of personal service of the order on the tenant or permit service through alternative means, such as by email or by posting it through the tenant’s door.

How long does a court injunction last?

Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made “until further order”. There is no limit on the length of time that non-molestation orders can be extended.

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