The three pillars on which foundation of every order of injunction rests

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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The three pillars on which foundation of every order of injunction rests

A: prima facie case, injury with damage and balance of inconvenience

B: prima facie case, reparable injury and balance of convenience

C: prima facie case, irreparable injury and balance of convenience

D: prima facie case, damage without injury and balance of convenience

The answer is: C

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Explanation

The correct option is C: prima facie case, irreparable injury and balance of convenience.

These are the three pillars on which rests the foundation of any order of injunction, as per the Supreme Court of India.

A prima facie case means that the plaintiff has to show that he has a fair chance of succeeding in the suit and that his claim is not frivolous or vexatious.

An irreparable injury means that the plaintiff has to show that he will suffer a serious harm or loss that cannot be compensated by money or other means if the injunction is not granted.

A balance of convenience means that the court has to weigh the comparative hardship or inconvenience that would be caused to both parties by granting or withholding the injunction, and decide in favor of the party who would suffer more.

These three principles are to be applied together and in a proper perspective, looking at the facts and circumstances of each case, before deciding the grant of temporary injunction.