The manner and exercise of powers by the courts are prescribed under the
laws of most
nations. These may be either enacted by
legislation in the form of
procedural laws 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.
India In
India, 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; • 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.
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==