Interim order
The term interim order refers to an order issued by a
Interim orders issued by the court may be of various kinds. The nature of the order essentially depends on the direction issued by the Court. Some examples of court orders classified as interim orders include:
- civil action. These are essentially issued by the court to prevent situations in which either party may suffer harm because the other party did/continued an act which was the matter in issue; and
- Directive orders, which are issued to direct either party to continue to act in a particular manner until the conclusion of the trial or until further orders are issued. Directive orders may be issued if the non-continuation of the act would cause harm to the other party.
In
Requirement for an interim order
The manner and exercise of powers by the courts are prescribed under the
India
In
- 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 damages, and
- Where the balance of convenience lies with the party requesting for the order.
European Court of Human Rights
The European Court of Human Rights in Strasbourg, France, may grant interim measures to prevent a state from carrying out an action that could cause irreparable harm before the court has had an opportunity to hear and/or decide a case. The most common circumstance for when interim measures are granted is in cases of extradition or deportation where there is valid evidence that the detainee or asylum seeker would be at risk of torture or the death penalty. Under the court's case law, sending someone to a country where it is reasonable to believe he or she would be tortured amounts to a violation of Article 3 of the European Convention on Human Rights, which prohibits torture. Interim measures are temporary and expire once the court has made a final decision. They are also sometimes referred to as precautionary or preliminary measures.[3]
European Court of Justice
Interim measures may be granted by the President of the European Court of Justice. See List of European Court of Justice rulings#Interim orders.
See also
- Court order
- Injunction
- Civil action
- Trial
- Hearing (law)
References
- ^ ISBN 978-90-247-3772-7., see page 95
- ^ "Section 36, Specific Relief Act, 1963".
- ^ Doebbler, Curtis Francis (2004). International Human Rights Law: Cases and Materials. CD Pub.