What additional authority does the civil court need to uphold the objectives of temporary injunction? – A case study of Bangladesh

Abstract

The civil court in Bangladesh, following some formal procedures, usually protects the subject matter of any suit by issuing an order of temporary injunction. But such orders are sometimes disobeyed and in toto preservation of suit property becomes unfeasible. Even the remedial measure for such disobedience seems insufficient to punish or restrain the violators. This study suggests that if the civil court had sufficient legal authority to direct local police to restrain the opposite party from violating its orders, the ultimate objectives of temporary injunction could be upheld properly. The higher courts in India have also found the legality of this concept.