bail permitee.
pratik
(Querist) 05 August 2010
This query is : Resolved
1) A bail permitee transacts bail entirely based out of their own funds (which must be considerable) without a surety insurance company backing them. A bail solicitor is licensed only to transact bail for one employer. They cannot work for themselves or any other company but the one they I initially contract with. Neither if these are common. Bail AGENTS, who are backed by sureties and can work for themselves OR any other bail company, are mist common.
2) Injunction is a restraining relief. Interim injunction is a variety or form of interim relief, which is a broader category. Normally when the plaintiff or petitioner establishes a prima facie case and the balance of convenience is in his favour and if he would be subject to much or irreparable harm unless some urgent relief is granted pending the main relief asked for in his suit/petition, then the interim relief is granted in his favour. The order awarding interim relief in no way decides the merits of the case. Nor can it be a res judicata; nor can it establish any ratio decidendi. It is but a discretionary and equitable relief by the Courts to maintain the status quo pending disposal of the cases or to reach some immediate relief and justice to the aggrieved party so that he can pull on further and pursue the case and his livelihood, etc.
Interim relief can be of various forms - positive and negative, whereas injunction is generally or exclusively negative. It restrains the defendant or any third party from carrying out any specified action detrimental to the interest of the plaintiff/petitioner pending disposal of the case. As already stated, injunction is a subset within the broader set of interim relief. Normally interim relief granted should not be equal or equivalent to the final relief requested for - of course in very exceptional circumstances the Court can and may grant even such interim relief as equivalent to the final relief requested for.
Query : Pls Comment on the above mentioned topic if possible with the case laws. Also I want to know which section says the above mentioned one's.
Thanks In Advance.
