Meaning of legal phrase
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 21 April 2012
This query is : Resolved
What is the meaning of "balance of convenience" Can someone explain preferably with one or two examples.
Devajyoti Barman
(Expert) 21 April 2012
Academic query.
Please consult any standard book on CPC.
Shonee Kapoor
(Expert) 21 April 2012
Academic Query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 22 April 2012
http://www.indiankanoon.org/search/?formInput=balance%20of%20convenience
R.K Nanda
(Expert) 22 April 2012
Purely academic query.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 22 April 2012
Is there any rule or convention here that an academic query cannot be asked?
What is CPC?
I visited the website suggested by Adv. Prabhakar Singh. I read the case
Dorab Cawasji Warden vs Coomi Sorab Warden & Ors on 13 February, 1990
Both sides were claiming that balance of convenience was in their favour. I have read similar cases before. As a lay person I could not exactly appreciate the meaning. I thought since this is an academic question I could get free advice from experts.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 22 April 2012
If CPC is a law book I do not have access to law books since I am not a lawyer and do not have legal qualifications.
prabhakar singh
(Expert) 22 April 2012
If I were to explain you the phrase "balance of convenience" then I might straightforward say that before court proceeds to grant any interim injunction,it considers the "relative hardships" that may arise to parties by its'grant or refusal.
For instance: a court may decline to grant an injunction to compel an adjoining landowner to remove an encroachment where the expense and difficulty of removal would be great compared to the neighbor’s inconvenience in continuing the encroachment, or its removal would result in little benefit to the neighbor.However, if the encroachment was in good faith, the court should weigh the circumstances so that it shall not act oppressively.While the mere balance of convenience is not the proper test, relative hardship may properly be considered and the court should not become a party to extortion. Where defendant’s encroachment is unintentional and slight, plaintiff’s use not affected and the damage small and fairly compensable, while the cost of removal is so great as to cause grave hardship or otherwise make its removal unconscionable, mandatory injunction may properly be denied and plaintiff relegated to compensation in damages.
prabhakar singh
(Expert) 22 April 2012
Here it is understood that academic queries should be posted in forum section of the site that is why every body declined to answer you here.
M V Gupta
(Expert) 22 April 2012
Subject to the clarification that academic questions should be posted in forum section, it may be clarified that the question of balance of convenience arises mostly in case of grant of interim relief to parties in a suit. Balance of convenience or relative hardship is a principle of equity. The court will consider the effect of granting the relief on the ultimate rights of parties involved in the dispute. Whether not granting the relief will result in irreparable damage or loss of the claim of the other party? Or, it is necessary to maintain the statues quo till disposal of the suit. Ex: A proposes to sell a property; B disputes his right to do so on the ground that he is the real owner of the property. In such a case B may pray for interim injunction prohibiting A form selling the property during pendancy of the suit. Balance of convenience is in favor of B.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 22 April 2012
Mr. M. V. Gupta:
Thanx very much for the clarification. In the Forum section, mostly they are non-lawyers and I find that if the post is not juicy it is often ignored.
Also generally the posts in the Forum are very long.
R.RAJENDRAN
(Expert) 22 April 2012
Only in the case of interim injunction or stay one of the factors viz., 'balance of convenience' is relatively considered with other two factors viz., 'prima-facie case' and 'hard-ship' caused to petitioners. 'Balance of convenience' is also concerned with legally acceptable facts taken to consideration by the judge in his discretion, apart from the other two factors, while granting or refusing stay/injunction.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 23 April 2012
I thank all those who enlightened me with their reply to me. Also I appreciate their not sticking to an academic convention, but being practical and helping me.
Guest
(Expert) 23 April 2012
In short, it denotes to comparison between the conveniences of two or more aspects under consideration.
