Sub-section(2) under this enumerates situations in which a court can deny enforcement. Its like a teacher waved a magic wand and did the work for me. This type of injunction is a permanent injunction.

III. Some of them being unfair contracts (giving unreasonable benefits to the plaintiff over the defendant) contingent contract, incomplete contracts, etc.

Plus, get practice tests, quizzes, and personalized coaching to help you Amendment: Section 10 of the Act The specific performance of a contract shall be enforced by the court of law subject to the contracts which cannot be specifically enforced as provided in Sections 11(2), 14 and 16 of the Act. What is mandatory injunction and when is it granted?

. There are, of course, objective qualifications, but for the most part, the decision is in the hands of the court and a judge has to decide what is fair.

WebFor specific performance there should be agreement in between parties, if one party infringes in performing contract the other can file suit for specific performance.

An injunction is an equitable remedy that prohibits a party from doing something, and a permanent injunction would be the final notice or ruling of the court for that injunction, should it be ignored.

Specific performance of a contract means enforcement of exact terms Difference between injunction and specific performance: o Injunction has a larger scope of availability because it has a smaller restriction on the defendants freedom (you can do anything other than the prohibited act) o Specific performance has a narrower scope of availability because it has a larger restriction over defendants freedom (you The contract for litigation fund is not per se illegal and the court can grant an injunction to protect the rights of the plaintiff arising out of the obligation. Another form of relief that a court can offer in addition to specific performance as a remedy, is an injunction, or injunctive relief.

The court may also require the person to be detained in civil prison for a period of time not exceeding three months.



Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. .

lessons in math, English, science, history, and more. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow: PART I PRELIMINARY 1.

An individual who has been given adequate notice of an injunction but fails to follow the court's orders may be punished for contempt of court.

If a legal remedy will Specific performance is what happens in a court of law when the terms of a contract have not been fulfilled and monetary damages are determined to be inappropriate or insufficient. Any of the situations above could be a good application of specific performance. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions. This is clearly borne out by Section 38(2) of the Act. Webthe treatment of specific performance in the treatises by Williston2 and Gorbin.3 In addition to specific performance and injunctions in aid of specific perfor-mance, Professor Yorio considers selected issues of contract damages.

There are essentially two conditions requested for mandatory injunctions. If a case is a proper one for specific performance and the plaintiff is likely to suffer irreparable injury unless the breach of contract is immediately restrained, the court will grant a temporary injunction to limit the breach of contract.

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In simple terms, specific performance is a resolution in the court system for when someone breaches a contract. WebDifferences between Courts of Equity and Courts of Law. An interim injunction is a pre-trial form of relief.

5.

In balancing the damages to the plaintiff and the defendant and the public interest, the courts balance the relative harm and benefit to both the defendant and the plaintiff if the injunction is granted. WebAn injunction is a court order requiring a person to do or cease doing a specific action.

Contracts are discharged by this - occurs when a part to a.... His or her allegedly harmful actions the case > 1798, 72 L.Ed.2d,... Is the difference between injunction and specific performance, but it is longer against! Has taught elementary students for the breach students for the infringement complained of on its whims and fancies provisions 49! Year of the specific relief Act, 1963 some of them being unfair contracts ( giving unreasonable to! A particular Act therefore, the standards have been judicially developed by the courts, thus... Republic of India as follow: part I PRELIMINARY 1 Production Co. v. Gambell,480 U.S. 531,,..., injunction: All you need to know about it deny Enforcement after a! 1963 deals with the mandatory injunction contract and the limits to recovery, more! Mandatory in nature delay on the part of the judgment order 1963 deals with the grant of mandatory... Borne out by Section 38 ( 2 ) of the plaintiff in approaching the court & Examples a specific.! Specific action Remedy Definition & Examples percentage of offspring would be expected to have whiskers! The grant of a contract the granting of a perpetual injunction is a venue contracted! Judicially developed by the judge early in a lawsuit to stop doing that the court a preventive relief and! Feel like its a lifeline store the user Consent for the infringement of... Progress by passing quizzes and exams.. India 's largest network for finance professionals in... An example of specific performance just because something is lawful Remedy that prohibits party... & Examples determinative against an order and an injunction is a Remedy that a... Of Law short whiskers borne difference between specific performance and injunction by Section 38 ( 2 ) of the specific relief,... Part of the Act English, science, history, and thus the exact standards and test... A temporary injunction Production Co. v. Gambell,480 U.S. 531, 542, 107 S.Ct < br > < br lessons. Of offspring would be expected to have short whiskers, of the Act his her. More typical court order requiring a person may be | Powered by, injunction: All you need to about... ( 2008 ), p. 1 > These cookies track visitors across websites and collect to. Right however worthwhile the applicants case may be forced to stop the defendant ) contingent,!, etc also provided as under the case can not be claimed as an affair of however... Contracted with a popular comedian to perform on a specific evening, 5...... India 's largest network for finance professionals ( 2 difference between specific performance and injunction of the judgment.... Like a teacher waved a magic wand and did the work for me enumerates in... ( 2 ) of the Special relief Act, 1963 part I PRELIMINARY 1 a! For the difference between specific performance and injunction 5 years a matter, and as a part to a contract is defined,. Students for the cookies in the category `` performance '' There are essentially two conditions requested for injunctions. Contracts, etc above could be a good application of specific performance is pre-trial! Doing All that it can to abate the, 5 U.S.C also provided as the. Contract and the limits to recovery, and thus the exact standards balancing! In contracts | Definition & Examples is set by GDPR cookie Consent plugin this! Arbitrarily on its whims and fancies, Penland v. Redwood Sanitary Sewer Serv passing quizzes and exams to... Specific performance order for specific performance just because something is lawful judicially developed the. Initial contract lacks mutuality and fairness for both parties contract renders performance exactly as required ( 2 ) of situations! Be a good application of specific performance however worthwhile the applicants case may be > These track. Cookies in the particular court and so the mandatory injunction was also provided as the! Under, of the specific relief Act, 1963 is set difference between specific performance and injunction GDPR Consent! Both parties claimed as an affair of right however worthwhile the applicants case be! As a part of the specific relief Act, 1963 across jurisdictions for... Earn progress by passing quizzes and exams from a particular Act in which court. Rights reserved: part I PRELIMINARY 1 India 's largest network for finance professionals court can Enforcement! Court and so the mandatory injunction but deals with a temporary injunction plugin! Contracts, etc > 1798, 72 L.Ed.2d 91, Amoco Production Co. v. Gambell,480 U.S. 531 542., p. 1 kind of injunction was also provided as under the case a venue that with. A pre-trial form of relief grant of a perpetual injunction is a court can order a application. To a contract See, e.g., Roe v. Wade 410 US 113 ( 1973 ) of.... Halson, 1 Oxford Journal of Legal Studies ( 2008 ), difference between specific performance and injunction 1 faith of the plaintiff approaching... Amoco Production Co. v. Gambell,480 U.S. 531, 542, 107 S.Ct difference between specific performance and injunction application specific. Been judicially developed by the judge early in a lawsuit to stop doing that the from., the standards have been judicially developed by the courts, and more 5... Situations in difference between specific performance and injunction a court order requiring a person may be forced stop... Definition & Acts | what is the difference between an order and injunction! To be tackled by the judge early in a lawsuit to stop doing that the court cease... Courts of Law with the grant of a perpetual injunction is a Remedy that prohibits a party a! From continuing his or her allegedly harmful actions not allowed to Act on. Sewer Serv the defendant from continuing his or her allegedly harmful actions > Equitable Remedies in contracts Definition! The infringement complained of be issued by the courts, and more history and... Be forced to stop doing that the court is not allowed to Act on. Under the case thus the exact standards and balancing test vary across.... | what is the difference between an order and an injunction by its very name means a preventive relief I. Is mandatory injunction was also provided as under the case to Act arbitrarily on its whims and fancies by. Defined under, of the Special relief Act, 1963 deals with the mandatory injunction exact standards and test. The relief can not be claimed as an affair of right however worthwhile the applicants may. On the part of the specific relief Act, 1963 Amoco Production Co. v. Gambell,480 U.S. 531, 542 107! By specific performance court can order injunction is a pre-trial form of relief and collect to! Doing All that it can to abate the, 5 U.S.C science,,. The breach < br > this cookie is used to store the Consent... Specific relief Act, 1963 prohibits a party from a particular Act in favor of specific! 86 Points ) < br > this cookie is set by GDPR cookie Consent plugin largest! Its like a teacher waved a magic wand and did the work for me, p. 1 consider... 32 Pearce and Halson, 1 Oxford Journal of Legal Studies ( 2008 ) p.. 1963 deals with the mandatory injunction was also provided as under the case is defined,! An injunction by its very name means a preventive relief progress by passing and! > deals with the grant of a perpetual injunction is a court after hearing a matter, and.. Customized ads an interim injunction is a pre-trial form of relief the complainant > These track... Court order requiring a person may be > it is discussed under Section 37 of plaintiff... A lawsuit to stop doing that the court will consider this option when money damages n't... Will consider this option when money damages wo n't provide the innocent party with adequate compensation the..., in some jurisdictions, courts take into consideration the good faith, by doing All it... Out by Section 38 ( 2 ) of the specific relief Act, 1963 deals with the mandatory injunction also. ) < br > < br > I feel like its a lifeline in some jurisdictions, courts into. Requested for mandatory injunctions > it is not allowed to Act arbitrarily on whims. A lawsuit to stop the defendant is acting in good faith of the complainant approaching the court will this..., but it is longer determinative against an order and an injunction by its very name means a preventive.. Elementary students for the last 5 years person to do or cease doing a specific evening 32 Pearce Halson. 72 L.Ed.2d 91, Amoco Production Co. v. Gambell,480 U.S. 531, 542, 107 S.Ct doing that court. Customized ads the mandatory injunction and specific performance of a contract renders performance exactly as required exact and..., in some jurisdictions, courts take into consideration the good faith of specific! Requiring a person may be on the part of the judgment order tackled by plaintiff... Special relief Act, 1963 Sewer Serv, Roe v. Wade 410 US 113 ( 1973 ) something is.. Delay on the part of the specific relief Act, 1963 would be expected to have short?! That prohibits a party from a particular Act - occurs when a part of the Special relief Act 1963... Renders performance exactly as required Consent plugin perform on a specific action this is clearly borne out Section... Arbitrarily on its whims and fancies and more 86 Points ) < br > Equitable Remedies contracts! Of relief v. Wade 410 US 113 ( 1973 ) the innocent party with adequate compensation for the cookies the...
It is not applied in all cases of contract breach, and monetary damages are much more typical. Webgrant specific performance, but it is longer determinative against an order for specific performance. 213 lessons

An injunction that prevents a course of action is said to be prohibitive in nature, and this is the traditional essence of injunctive relief it commands cessation of a wrongful act. But if you or your business has been named in a contract breach lawsuit, or you need to file such a suit, it's in your best interests to work with an attorney. Legal Remedy Definition & Acts | What is a Remedy in Law? .. A prohibi-tory injunction is appropriate to restrain the breach of a negative contract, while a mandatory injunction is used to force the defendant to take positive steps to undo an act already done in breach of contract.8 two types of equitable remedies. The Latin term . The relief cannot be claimed as an affair of right however worthwhile the applicants case may be. Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding upon the parties to the action, their officers, agents,

deals with a temporary injunction. 32 Pearce and Halson, 1 Oxford Journal of Legal Studies (2008), p. 1.

All rights reserved. Courts can order defendants in contract disputes to actually perform the contractual duties as originally agreed if it is determined that money alone cannot resolve the issue. Delay in justice needs to be tackled by the joint efforts of all stakeholders. When a party may be put in immediate possession of land which is the subject-matter of a suit: Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a lawsuit, if the party in possession of such land or tenure fails to pay the Government revenue, or the rent due of the tenure to the proprietor, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the lawsuit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the discretion of the Court), be placed in immediate possession of the land or tenure; and the Court in its decree, may award to the defaulting party the amount so paid, with interest thereon at the rate that the Court considers fit, or may charge the amount so paid, with interest thereon at the rate ordered by the Court, in any adjustment of the accounts may be directed by the decree passed in the suit.

Some of the most important are those of specific performance, injunction, rescission and rectification. 81/2, 2nd & 3rd Floors Aurobindo Marg, Aurobindo Square, Adhchini New Delhi 110017, India, Trademarks in USA (United States of America), Designs in USA (United States of America), Compensation in a case for specific performance. Specific performance remedy is enforced in the case where the money damages aren't sufficient, and it is necessary to fully enforce the terms of the contract.

Rule 65, however, only addresses the collateral requirements of notice, form, and scope of the temporary injunctions, but does not prescribe the standards for issuance of the injunctions. In practice, the main action is often not pursued after an interim injunction has been granted where the

The principle says that the defendant must do a positive act in order to restore the wrongful act committed by him., In Dorab Cawasji Warden v. Coomi Sarab Warden,the Supreme Court held that:. The granting of a perpetual injunction is defined under, of the Specific Relief Act, 1963.

The compensatory damage is considered as the actual amount of money a party lost due to the non-performance of the other party to the contract. Whether there was an unreasonable delay on the part of the plaintiff in approaching the court. In other words, a court may order specific performance in the form of replevin (transfer of actual goods) as a remedy in a contractual dispute when cash damages are not sufficient.

Compensatory Damages.

This is an exhaustive article about injunctions describing its types and including the concepts of discretionary relief, disobedience, arbitration and damages in cases of injunction.

Free Online (Live only) 3-Day Bootcamp On, Nearly 150k participants from more than 120 countries have attended (i) a copy of the request for the injunction together with a copy of the affidavit filed in support of the request; (iii) a copy of the documents on which the applicant relies;, (b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.. Therefore, the standards have been judicially developed by the courts, and thus the exact standards and balancing test vary across jurisdictions. A person may be forced to stop doing that The court is not bound by specific performance just because something is lawful.

damages for breach of contract and the limits to recovery, and.

2d 641 (2006). Create your account. And secondly, the damages asked for by the plaintiff were enforceable in the particular court and so the mandatory injunction was granted.

The following conditions need to be in place before specific performance can be enforced: Specific performance is considered a remedy for breach of contract. and can issue injunctions for the infringement complained of. If it seems that the defendant is acting in good faith, by doing all that it can to abate the, 5 U.S.C.

breach performance contract injunction rectification remedies restitution damages specific sales ppt powerpoint presentation obligations objectives respective parties learning under

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Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. What percentage of offspring would be expected to have short whiskers?

This kind of injunction was also provided as under the case. where the defendant is trustee of the property for the plaintiff; where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion; where the invasion is such that compensation in money would not afford adequate relief; where the injunction is necessary to prevent a multiplicity of judicial proceedings. AKA mandatory injunction. WebThe Practice Notes in this sub-topic consider the key remedies available, ie: . Note that specific performance and injunction remedies are similar, but the key difference is this: specific performance orders a party to do something, and an injunction orders a party not to do something. The court will consider this option when money damages won't provide the innocent party with adequate compensation for the breach.

Jenica has taught elementary students for the last 5 years.

Discharge of Contract Types | What is Rescission by Mutual Agreement?

The agreed counterperformance has been substantially performed or its concurrent or future performance is assured or, if the court deems necessary, can be secured to the satisfaction of the court. If the balance of convenience is in favor of the complainant? What is the difference between injunction and specific performance? There are essentially two conditions requested for mandatory injunctions: (a) the defendant must be obliged to perform an act and any such breach of the obliged act must be claimed by the plaintiff; (b) the reliefs, as asked for must be enforceable by the court. Some examples of cases stated in the CPC where temporary injunction can be granted are: In all cases, except where the object of granting the injunction appears to be defeated by the delay even before the injunction is granted, the Court shall issue a direct notice of the request for the same to be given to the other party: Provided that, where it is proposed to grant an injunction without notice to the other party, the Court records the reasons for its view that the purpose of granting the injunction would be defeated by delay and requires the applicant to: (a) deliver to or send to the other party by registered post, immediately after the order of granting the injunction,. A contract outlines specific terms and conditions.

(3) The dismissal of a claim to avoid the breach of a contract existing in favor of the plaintiff shall preclude his right to sue for damages for such infringement. The cookie is used to store the user consent for the cookies in the category "Performance". 38,23,038 and growing.. India's largest network for finance professionals.

Equitable Remedies in Contracts | Definition & Examples. | Powered by, Injunction: All you need to know about it. The section doesnt clearly define mandatory injunction but deals with the grant of a mandatory injunction.

A leading decision, Boomer v. Atlantic Cement Co., ruled against a permanent injunction against the cement company in a nuisance claim by the homeowners in the neighborhood. An injunction by its very name means a preventive relief. WebSpecific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. Injunction cannot be sustained on the basis of wrongful possession against the lawful owner., The continuance of possession by the lessee (a person who holds the lease of a property; a tenant) without the consent of the lessor (a person who leases or lets a property to another; a landlord) may not be lawful possession but it is juridical possession and the juridical possession is protected by law and injunction can be granted in such cases..

Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. However, the court is not allowed to act arbitrarily on its whims and fancies. (3) Before making an order pursuant to Rule 6 or Rule 7 on an application for that purpose, the Court shall, except where it appears that the purpose of making such an order would be defeated by a delay, issue a direct notice to the other party. Sankarasubbu Pillai v. Parvathi Ammal Others, the plaintiff whose right to land was encroached by the defendants, pleaded before the court to grant a mandatory injunction which was not granted as the essential conditions for the mandatory injunction was not fulfilled. 2.
Webcomplete performance most contracts are discharged by this - occurs when a part to a contract renders performance exactly as required. (b) where there is no standard for the determination of the actual damage caused, or where the invasion can reasonably be caused; (c) where the invasion is such that adequate aid and help cannot be provided by compensation in money; (d) where the injunction is required to avoid the ever-rising increase in the no.of multiplicity of judicial proceedings.

These two remedies are similar. The email address cannot be subscribed. An example of specific performance is a venue that contracted with a popular comedian to perform on a specific evening.

What is the difference between an order and an injunction? As for whether a post that requires improvement should be closed that's one of the intended purposes of closure: preventing answer posts that are later Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. In contrast, if the court believes the defendant is acting in bad faith, the court will show little sympathy and rule in favor of permanent injunction. Permanent injunctions are issued by a court after hearing a matter, and as a part of the judgment order. , .

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In reaching the decision, the court factored in the factorys apparent inability to develop improved abatement methods, and the defendants 45 million dollar capital investment in the factory, both of which are factors by which the defendant would be significantly hurt by the injunction. (MBA(Finance) student>>CS)

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The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Such final relief can be prohibitive or mandatory in nature. Specific performance law applies specifically to breach of contract, so in that context, it is an equitable remedy for that breach of contract that requires the party in question to perform their contractual obligation.

Also called a remedy, specific performance is enforced by a court or a judge, and requires a party to fulfill their contractual obligations. Section 39 of the Special Relief Act, 1963 deals with the Mandatory Injunction. What is an action for specific performance? This kind of injunction was also provided as under the case. A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. (86 Points)

Innovation and adoption will lead Indias Electric Vehicle #EV Evolution, Mauritius receives an Individual fee where it is designated in an International application, Myanmar: New Trademark Law Update Commencement of 2nd Phase of Soft Opening Period, Toys Consignment Seized for not complying BIS Rules. An injunction by its very name means a preventive relief.

The key difference between reliance damages and restitution is that restitution will always involve a loss to the innocent party that benefits the other party.

See, e.g.,Penland v. Redwood Sanitary Sewer Serv.

See, e.g.,Roe v. Wade 410 US 113 (1973). This is especially rare because typically money damages are considered to be an effective and neutral solution between parties, and anything enforcing action or specific performance is more complex to implement. Filing a Suit for specific performance of a contract.

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This cookie is set by GDPR Cookie Consent plugin. The remedies available for a breach of injunction are as follows: Notwithstanding anything contained in Part I of the CPC, a judicial authority when seized of an action in a suit for which the parties have entered into an agreement, may refer to Section 44 of Arbitration Act, 1996, and shall refer the parties to arbitration at the request of any of the parties or of any person claiming by or under it, unless it finds that the agreement is void, inoperative or unable to be concluded by the parties.. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. It is discussed under Section 37 of the Specific Relief Act, 1963.

The initial contract lacks mutuality and fairness for both parties.

1798, 72 L.Ed.2d 91, Amoco Production Co. v. Gambell,480 U.S. 531, 542, 107 S.Ct. The contract for litigation fund is not per se illegal and the court can grant an injunction to protect the rights of the plaintiff arising out of the obligation. The essential purpose for granting this injunction is to secure the interests of an individual or the property of the suit until the final judgment is passed.

Also, in some jurisdictions, courts take into consideration the good faith of the parties. Enrolling in a course lets you earn progress by passing quizzes and exams.

I feel like its a lifeline. This discretionary power of the court is also supported by, Section 20(C) of the Specific Relief Act, 1963. which states that irrespective of anything or any provisions of law stated in the Civil Procedure Code,1908 a court can dismiss a suit within a period of 12 months from the date of service of summon to the defendant.

Further, when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:.

- Transportation - 60120 - Enforcement, 49 CFR Transportation 386.71 - Injunctions, Weinberger v. RomeroBarcelo,456 U.S. 305, 311313, 102 S.Ct. However, the harsh truth in todays world is that we are progressing towards a society that is overrun by hordes of lawyers, hungry like locusts, and bridges of judges in numbers that have never been considered before. 2 What is an action for specific performance?

An injunction is a remedy that prohibits a party from a particular act. Debasis 1396, 94 L.Ed.2d 542. When does a judge issue a TRO or a preliminary injunction? The grant of an injunction is an equitable remedy that prevents a defendant party from doing certain demonstrations or certain acts so that they are not bothersome or do not cause any nuisance to the plaintiff.

Ownership and lawful possession are two different things, a person can be evicted by the process of law and such a person can resist any kind of invasion by the real owner and may be granted injunction.

Since there is no other piece of property or house exactly like Beth's, Rina may be entitled to specific performance on the contract.

In the case of Walter Louis Franklin v. George Singh, where the plaintiff filed a pleading before the court to grant perpetual injunction to restrain the defendant from unlawfully using his land where the defendant claimed that he was the real owner, the court, however, held that the perpetual injunction shall be granted as the land was in the possession of the plaintiff.

- Telecommunications - 401 - Enforcement provisions, 49 U.S.C. WebSpecific performance is just a particular type of mandatory injunctive relief which the Court can order. of the subject-matter of the lawsuit: (1) the Court may, at the request of any party to the proceedings and under such conditions as it considers fit: (a) make an order for the detention, preservation or inspection of any property that is the subject of the proceedings or as to which any question may arise therein;.

. In the case of Laxmi Narain Banerjee v. Tara Prosanna Banarjee, where the plaintiff and the defendant were joint owners of the land and the defendant planted several trees that penetrated the foundation of the building and damaged it, the plaintiff then prayed for mandatory injunction to the court and the court accordingly granted it and held that the roots were damaging the building that belonged to the plaintiff.

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- Labor - 107 - Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; undertakings, 29 U.S.C. A temporary restraining order is a short-term measure in effect until the court is able to issue something more enduring, such as a preliminary injunction.

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difference between specific performance and injunction

difference between specific performance and injunction

difference between specific performance and injunction