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We have filed caveat and other party has filed injunction. What to do
08-Feb-2023 (In Civil Law)
We r first party and we have already file caveit against second party and the second party files injunction against us but fails due to absent of legal documents what second step can we take to blow them away and prove them wrong . and we r muslims
Caveat can be filed in proceeding. First I want to know, what type of case is filed. Where it is filed. If the other side, fails from getting an injunction, you have your own course of action to get relief. But for that, I need to know the complete story. Before knowing anything, I can't suggest you anything. Please feel free to contact.
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Adv. Debangshu Dinda
Kolkata | 25+ Answers
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What are the three requirements for injunction?
In Gurudas and Ors[2], a court decided that an application for injunction would be evaluated on three factors: the prima facie legality of the case, the balance of convenience, and irreparable damage. 06-Jul-2023
What is an ex parte injunction in caveat?
Ex-parte Injunctions Can Be Prevented: A caveat is a way to prevent ex-parte orders, which are orders that restraining parties from certain actions before they have been heard. A party can make sure that the court is aware of their side before they grant an injunction by filing a caveat. 05-May-2023
Can ad interim relief be granted even if caveat is filed?
If the person who filed the caveat was not present when the court heard the application, and the court found that the case had been made in favor of applicant, then interim relief may be granted to the caveator without giving notice. A court order that grants interim relief cannot be deemed to lack jurisdiction.
Look. Caveat is a not a prevention for filling Suit against the Caveator by the Caveatee. It is only for an awareness. That means by filling the Caveat the Caveator inform to the Caveatee that, before filling any Suit (Specifically mentioned in the Caveat application) he should supply the Copy of the Plaint to the Concern Ld. Lawyer of the Caveator side. A Caveat is valid for a period of 90 days.
If a suit is file within these period and a caveat is pending, Then the Defendant (Caveator) either automatically appear through his power of Caveat or to file a fresh Power (Vokalatnama) and after appearing in the Suit file W/S and W/O and then the Ld. Court will fix a date for Hearing the Injunction Petition. Your duty to supply your documents to your Ld. Advocate to submit w/s and W/O within time and take part in the Injunction Hearing.
If a suit is file within these period and a caveat is pending, Then the Defendant (Caveator) either automatically appear through his power of Caveat or to file a fresh Power (Vokalatnama) and after appearing in the Suit file W/S and W/O and then the Ld. Court will fix a date for Hearing the Injunction Petition. Your duty to supply your documents to your Ld. Advocate to submit w/s and W/O within time and take part in the Injunction Hearing.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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MY OPINION THAT you have every opportunity to make positive contest of the injunction order or orders at the proper forum/forums, you can move also at higher forum if you have the definite points, you should move with statute period.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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After appearing in the suit file, the Ld. will then decide whether to hear the Injunction Petition. The Court will set a date to hear the Injunction petition.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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