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At the stage of deciding the application for temporary injunction, the court is required to go into the merits of the case in detail. Which of the following the court has to examine?
The plaintiff has a prima facie case to go for trial
The protection is necessary from that species of injuries known as irreparable before his legal rights can be established
That the mischief of inconvenience likely to arise from withholding injunction will be greater than what is likely to arise from granting it
All of these
- When deciding on a temporary injunction, the court doesn't delve into the full merits of the case in detail but evaluates some key considerations.
- Option 1: The court checks if the plaintiff's case is strong enough to warrant a full trial. It looks for a prima facie case, meaning there's enough evidence for a legitimate claim.
- Option 2: It assesses whether any harm to the plaintiff might be irreparable. This type of harm can't be easily fixed by monetary compensation if legal rights are later confirmed.
- Option 3: It considers the balance of convenience. The court evaluates if more harm will come from not granting the injunction compared to granting it.
Overall, the court uses these criteria to decide whether to issue a temporary injunction.
Answer: Option 4 - All of these
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