Interim order
Encyclopedia
The term interim order refers to an order passed by a court
during the pendency of the litigation. It is generally passed by the Court to ensure Status quo
. The rationale for such orders to be passed by the Courts lie are best explained by Latin
legal maxim
"Actus curiae neminem gravabit" which translated to (English) stand for "an act of the court shall prejudice no one". Therefore to ensure that none of the interests of the parties to the litigation are harmed, the court may pass an interim order.
Interim orders passed by the court may be of various courts. The nature of the order essentially depends on the direction passed by the Court and on these basis they may be classified as under;
In public international law, the "rough equivalent" of an interim order is a provisional measure of protection
, which can be "indicated" by the International Court of Justice
.
s of most nation
s. These may be either enacted by legislation
in the form of procedural law
s of the country (as done by, for example, the United Kingdom
under the Civil Procedure Rules 1998
or are left by the legislature
for the courts to determine for themselves (for example the Federal Rules of Civil Procedure
). It is under these procedural laws that the power to issue interim orders may be conferred on the courts.
, interim orders may be passed by civil courts in matters before them. Such orders can be passed either under the Specific Relief Act passed by the Parliament of India
in 1963 or in terms of Section 151 of the Civil Procedure Code of 1908, which recognises and retains some inherent powers with the civil courts. However the latter provision is usually seldom exercised. In terms of the 1963 Act , an interim order may be passed by the court only if the following conditions are satisfied;
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
during the pendency of the litigation. It is generally passed by the Court to ensure Status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
. The rationale for such orders to be passed by the Courts lie are best explained by Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
legal maxim
Legal maxim
A legal maxim is an established principle or proposition. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on...
"Actus curiae neminem gravabit" which translated to (English) stand for "an act of the court shall prejudice no one". Therefore to ensure that none of the interests of the parties to the litigation are harmed, the court may pass an interim order.
Interim orders passed by the court may be of various courts. The nature of the order essentially depends on the direction passed by the Court and on these basis they may be classified as under;
- Restraining orderRestraining orderA restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
(also called Injunction), which are passed to stop either party from acting in a particular manner during the pendency of the civil action. These are essential passed by the court to prevent situations in which either party may suffer a harm because the other party did/continued an act which was the matter in issue and - Directive order, which are passed to direct either part to continue to act in a particular manner till the conclusion of the trial or till further orders. These may be passed if the non-continuation of the act would cause harm to the other party.
In public international law, the "rough equivalent" of an interim order is a provisional measure of protection
Provisional measure of protection
A provisional measure of protection is the term that the International Court of Justice uses to describe a procedure "roughly equivalent" to an interim order in national legal systems. The carrying out of the procedure is termed indicating the provisional measure of protection...
, which can be "indicated" by the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
Requirement for Interim order
The manner and exercise of powers by the courts are prescribed under the lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s of most nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
s. These may be either enacted by legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
in the form of procedural law
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
s of the country (as done by, for example, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
under the Civil Procedure Rules 1998
Civil Procedure Rules 1998
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales...
or are left by the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
for the courts to determine for themselves (for example the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
). It is under these procedural laws that the power to issue interim orders may be conferred on the courts.
India
In IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, interim orders may be passed by civil courts in matters before them. Such orders can be passed either under the Specific Relief Act passed by the Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
in 1963 or in terms of Section 151 of the Civil Procedure Code of 1908, which recognises and retains some inherent powers with the civil courts. However the latter provision is usually seldom exercised. In terms of the 1963 Act , an interim order may be passed by the court only if the following conditions are satisfied;
- Where there is a prima facie case in favour of the party seeking the order,
- Irreparable damage may be caused to the party if the order is not passed and such damage may not be ascertained in terms or money and payable as damagesDamagesIn law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, and - Where the balance of convenience lies with the party requesting for the order.