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Discussion > Civil Law > General Practice > difference between Injunction and Stay order   Unanswered Threads Post New Topic

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There are 10 Replies to this message


Member (Account Deleted)


JUDGE
[ Scorecard : 5925]
Posted On 20 November 2010 at 07:49 Report Abuse

members of LCI

Kindly distinguish the category of Injunction order and Stay order?



Suchitra. S


Advocate
[ Scorecard : 4727]
Posted On 20 November 2010 at 08:41 Report Abuse

I think both are same. Both intend to restrict the party form interfering with the property in question. There are different kind of injunction like temporary, permanent and mandatory. Here stay refers to permanent or temporary injunction. Mandatory injunction does not mean a stay order.


s.subramanian


senior partner
[ Scorecard : 17638]
Posted On 20 November 2010 at 09:27 Report Abuse

An order of injunction is different for a stay order. Injunction is a prohibitory order whereas a stay order simply stays further proceedings. Stay order cannot be equated to injunction. 


Suchitra. S


Advocate
[ Scorecard : 4727]
Posted On 20 November 2010 at 09:56 Report Abuse

Injunctions are of three types as i said before - temporary, permanent, mandatory. 'Stay' is the term used by common man to describe the order which directs the other party to restrain from interference with the property in question. Hence, a 'stay' refers to either temporary or permanent injunction based on the words used in the injunction order.

 

Temporary and permanent injunctions take the meaning of stay. Where as the third type i.e., mandatory injunction specifically means the other party shall perform the act instead of restricting him from interfering. So, this type of injunction does not refer to stay.


Tenzin Namgyal


Advocate
[ Scorecard : 56]
Posted On 20 November 2010 at 12:27 Report Abuse

An order of Injunction is as much as prohibitory as  Stay order .The main difference b/w them is that an order of Injunction is passed against the party where as Stay order is addressed to the Court. As soon as court has knowledge of stay order, it must stay its power and any matter which had entertain after the stay order are illegal as well unltra vires.

However, under certain appropriate circumstances Court can execute his power under the  umberalla of Sec 151 of CPC.

Thank you.


Jayesh Bheda


Advocate
[ Scorecard : 80]
Posted On 20 November 2010 at 22:49 Report Abuse

Injunction is judicial order governed vide Specific Relief Act. Whereas "stay" is granted on execution of order, judgment or proceeding.

Order 41, Rule 5 of CPC prvoides expressly about stay by appellate court on aproceeding and execution.


valentine thakkar


advocate
[ Scorecard : 682]
Posted On 20 November 2010 at 23:41 Report Abuse

I think Ms. Suchitra is correct. In common parlance - layman's language - they use "stay order" even for injunction. The word  stay is used in the law books to refer to abeyance till further direction from the higher court. However, it does not mean injunction. Stay is thus used for internal movement and proceedings within the court and hence when stay is used for any order by the court for any matter outside the court premises, it is a wrong usage. Please correct me for error, if any.


samiulla


Assistant Vice President - Legal
[ Scorecard : 22]
Posted On 04 January 2013 at 15:36 Report Abuse

I agree with Mr. Subramanian.


Moulali Shaik


Advocate
[ Scorecard : 28]
Posted On 17 January 2013 at 17:36 Report Abuse

I agree with the opinion of Mr.Subrahmanian and Tenzin Namgyal.


Mukesh Kumar


Advocate SC & Delhi HC
[ Scorecard : 53]
Posted On 01 December 2013 at 07:50 Report Abuse

Disagreeing to Tenzin Namgyal. Both the order of Injunction as well as Stay Order are passed against the party (i.e. petitioner or respondent), and never addressed to the Court (even in appeal), as court is not the party.

Disagreeing valentine thakkar as well, as Stay is NOT used for internal movement and proceedings within the court, but stay the execution of an Order (administrative/ executive order or judicial order) till final disposal of the case in hand of a court.

Both Stay and Injunctions can be granted on administrative or executive orders. But injunctions are never granted on any judicial order.

Stay is towards execution of an order (executive or judicial order). Injunction is not related to any order but to command a party for certain specific performance.



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