Injunction

of such a remedy that could put an almost instantaneous hold on any transferable asset was aiding the defendant to avoid liability. Lord Denning stated that the Mareva injunction was “the greatest piece of judicial law in my time”. Lord Donaldson described it as “one of the law’s two ‘nuclear’ weapons. A ‘Mareva’ injunction is a distinct type of interlocutory relief intended to prevent the defendant from dispersing his or her chattels or detaching them from the…

4.4 Application for Injunction Against the Husband It is to be noted that a husband is required to treat his wife with kindness whether by action or by speech in compliance to the Quran . Al-Qurtubi (d.1273) has also quoted that a husband’s obligations towards his wife is to pay dower and maintenance to his wife, not frowning his wife for no reason, not speaking to his wife in a harsh manner and not to disclose his tendency to other woman other than his wife . Hence, using the Quranic verses ,…

reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it. Preliminary injunctions may be issued by order by a…

The mechanical importation of the criteria of ‘forum non conveniens’ to anti-suit injunctions was criticized on the ground that while the atonement of criteria in respect of stay of proceedings meant greater submission towards international comity, when the same criteria were applied in reverse for the granting of anti-suit injunctions it resulted in an unnecessary and unjustified interference with the foreign proceedings. Nevertheless, the reasoning adopted in Castahno was adopted in…

Martin (ed.) 2013, p. 283). Injunctions are often needed urgently. A temporary injunction (an interim injunction) may therefore be granted at a special hearing pending the outcome of the main hearing of the case. If it is granted, the claimant must undertake to compensate the defendant for any damage he has suffered by the grant of the injunction if the defendant is successful in the main action. If judgment is given for the claimant in the main action, a perpetual injunction may be granted. A…

groundwater dispute between a senior water user and a junior water user in southwest Kansas. After filing a complaint against the junior user, the senior user sought an injunction against the junior user to stop their use of the groundwater. The District Court granted the injunction and the Court of Appeals affirmed the injunction in the case. The Court of Appeal’s decision upholds the principle “first in time is first in right” and finds that Kansas water laws mean what the laws say they mean. …

“social problem”. Los Angeles, California is one of the largest cities known for the implement of gang injunctions and home to the deleterious battle among gangs ( the effects by). Whittier, California can be a prime…

“that the critical question is whether the injunction is content-neutral or content-based. The court answered the question by observing that while that the injunction prohibited speech by its content, the governmental purpose behind prohibiting speech was entirely unrelated to its content, thus determining that the restriction on Bunner’s speech was incidental to the governments primary purpose of protecting trade secrets., therefore as long as the injunction serves important government purposes…

An injunction is a discretionary remedy (equitable remedy), and the Court in granting it may limit it to what the Court considers reasonable in all the circumstances of the…

In United Brands case, mentioned earlier the CJEU stated that “charging a price which is excessive because it has no reasonable relation to the economic value of the product supplied would be an abuse” . Moreover, in the Microsoft case General Court stated that “reasonable remuneration charged should only reflect the “intrinsic” value of the technologies rather than the “strategic” value stemming from the IPR holder’s market power” . As the result, an approach in United Brands to determine…