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Author Topic: ad interim injunction in favour of plaintiff without pressing for it  (Read 1844 times)

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Offline advarjun

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can ad interim injunction in favour of plaintiff without pressing for it, by the lawyer, be granted, is that possible.
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Offline advabdul

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Re: ad interim injunction in favour of plaintiff without pressing for it
« Reply #1 on: December 28, 2013, 06:30:03 AM »
You mean The Judge grants ad interim injunction without the plaintiff lawyer satisfying the court. that is absolutely not possible, check the supreme court Judgment: Ramrameshwari Devi & Ors. vs Nirmala Devi & Ors

SC laid down guidelines for the grant of ex parte orders

this should clear your doubts.

check the full judgment here:
http://www.legalservicesindia.com/forum/post184549516.html#p184549516
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Offline advuma

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Re: ad interim injunction in favour of plaintiff without pressing for it
« Reply #2 on: December 28, 2013, 06:33:48 AM »
adv abdul, thanks for the citation its been very helpful.

yes i agree with you if Judge gives an ad interim order in haste or in the absence of plaintiff lawyer, that would mean that the Judge has personal interest in the case.

this will also mean against natural justice and complete injustice for the Defendant.

if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline advgaurav.sharma

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Re: ad interim injunction in favour of plaintiff without pressing for it
« Reply #3 on: December 28, 2013, 06:38:58 AM »
advocate Arjun a judge cannot pass such an order without a lawyer pressing and satisfying the court unless ofcourse its of grave national security.

If such a thing as happened its also means that a Judge has become ALL IN ALL and lawyers are no more required in the Justice system process.
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