A temporary injunction petition is an application to the civil court for an order restraining a party from taking a specific action pending the final disposal of a suit. It is one of the most urgent and effective civil remedies available in Bangladesh. TRW — Tahmidur Rahman Remura Wahid Law Associates files temporary injunction petitions on an urgent basis across all civil courts in Bangladesh.
Legal Basis: Order 39 of the CPC
Temporary injunctions in Bangladesh are governed by Order 39, Rules 1-4 of the CPC. Rule 1 allows the court to grant a temporary injunction to restrain the defendant from wasting, damaging, or alienating property in dispute. Rule 2 allows the court to grant an injunction in other cases where the plaintiff can show that their rights would be prejudiced if the injunction is not granted. Rule 3 requires the court to give notice to the defendant before granting an injunction, unless the case is so urgent that giving notice would defeat the purpose of the injunction (ex parte injunction). Rule 4 allows the court to discharge or vary the injunction on application.
The three-part test for a temporary injunction (prima facie case, balance of convenience, irreparable injury) is applied by Bangladesh courts in every injunction application. See our comprehensive guide on civil injunctions in Bangladesh.
Ex Parte Injunctions: Getting Immediate Relief
In urgent cases, TRW applies for an ex parte injunction — an injunction granted without notice to the other side. To obtain an ex parte injunction, TRW must satisfy the court that: the matter is so urgent that giving notice to the other side would defeat the purpose of the injunction; and there is a strong prima facie case for the injunction. Ex parte injunctions are granted for a limited period (usually until the next court date) and the other side is then given an opportunity to be heard.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's civil litigation team obtain temporary injunctions on an urgent basis. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: How quickly can a temporary injunction be obtained?
A: An ex parte temporary injunction can be obtained on the same day or the next court day in urgent cases.
Q: What happens if the other party violates the injunction?
A: Violation of a court injunction is contempt of court, punishable by imprisonment and/or fine.
Q: Can an injunction be obtained against the government?
A: Yes, injunctions can be obtained against government authorities in appropriate cases.
