What is the Difference Between Injunction and Stay Order?
🆚 Go to Comparative Table 🆚The main difference between an injunction and a stay order lies in their purpose and effect:
- Injunction: An injunction is a court order compelling a person to do or not to carry out a particular action. It can be categorized into different types, such as ad-interim (ones granted during the pendency of an application and operative until its disposal) and perpetual (ones granted after the final decision in a case). Injunctions operate as soon as they are issued and are applicable against a person. They are typically used to prevent irreparable harm or to maintain the status quo in a situation.
- Stay Order: A stay order indicates the stoppage, arrest, or suspension of judicial proceedings. It operates against a court and is primarily passed against the execution (implementing the decree) of a judgment or order. Stay orders are usually granted pursuant to a statute or rule. They pause the process of an action that is already pending and are often used to give a judgment-debtor time to pursue an appeal or seek other relief.
In summary, an injunction is a court order directed towards a person to compel or restrain a specific action, while a stay order is a judicial directive that suspends or postpones legal proceedings.
Comparative Table: Injunction vs Stay Order
Here is a table comparing the differences between an injunction and a stay order:
Feature | Injunction | Stay Order |
---|---|---|
Definition | An injunction is a court order that requires a person or entity to do or not do a specific action. | A stay order is a court order that temporarily suspends the execution of a court judgment or order, or suspends a specific proceeding within a case. |
Types | Injunctions can be preventive (restraining actions) or mandatory (compelling actions). | Stay orders can be made against execution of a decree, a sale, in suits against corporations, involving minors, in interpleader suits, summary suits, or in case of reference to a High Court. |
Application | Injunctions are applied against a person or entity. | Stay orders are applied against a court. |
Effect | An injunction operates as soon as it is issued. | A stay order operates only when it is communicated to the court to which it is issued. |
Violation | Proceedings taken in violation of a stay order are void. | Proceedings taken in violation of an injunction are not null and void but subject to punishment. |
In summary, an injunction is a court order that directs a person or entity to do or not do a specific action, while a stay order is a court order that temporarily suspends the execution of a court judgment or order or suspends a specific proceeding within a case. The key differences between them include the parties they are applied against, the effect of the order, and the consequences of violating the order.
- Injunction vs Restraining Order
- Restraining Order vs Protective Order
- Judgment vs Order
- Court vs Trial
- Ordinance vs Law
- Public Order vs Law vs Order
- Circuit Court vs District Court
- Warrant vs Bench Warrant
- Court vs Tribunal
- Legal vs Equitable Remedies
- State vs Federal Courts
- Summons vs Subpoena
- Civil vs Criminal Court
- Divorce vs Legal Separation
- Arrest vs Detention
- Lockdown vs Curfew
- Jail vs Prison
- District vs Superior Court
- Strike vs Lockout