as temporary injuction is applied by lower court and it is chhalleged by other party in upper court , in between this period injuction is in action or not?
jivan sagar (student) 25 November 2012
as temporary injuction is applied by lower court and it is chhalleged by other party in upper court , in between this period injuction is in action or not?
Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 25 November 2012
If the order given by the Lower Court got setaside by the Higher court, then the injuction order is not in force
yasir (tl) 25 November 2012
but sir why the order passed by lower court got setaside as THIS ORDER is challanged in higher court ?
Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 25 November 2012
i think you have not seen the word "IF", when the higher court satisfied with versions of both parties then it will
mohammed qadeer.M (legal practitioner) 26 November 2012
when the TI oder passed by the lower court is challenged before the appellate court till the order of set aside of TI is passed by the appellate court TI prevails...mere filing/challenging TI doesn't mean TI is terminated there is ruling of Karnataka High Court in the year 1995...sorry i don't remember the exact citation...
Dr J C Vashista (Advocate) 28 November 2012
I agree with Mr. Mohd. Quadeer.
Temp injunction granted is in force till stayed or set aside by higher court.
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