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TypeBare Act JurisdictionCentral Government

Specific Relief Act 1963 Section 38

Perpetual Injunction when Granted

~1 min read
https://sooperkanoon.com/act/30837

Bare act section · Research

About this section

Specific Relief Act 1963 Section 38 is part of Specific Relief Act 1963 - Perpetual Injunction when Granted. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.

(3) When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:--

(a) where the defendant is trustee of the property for the plaintiff;

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(c) where the invasion is such that compensation in money would not afford adequate relief;

(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Frequently asked questions

What does Specific Relief Act 1963 Section 38 provide?

Section Section 38 of the Specific Relief Act 1963 (Perpetual Injunction when Granted) is reproduced on this page as part of the Specific Relief Act 1963. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Specific Relief Act 1963 Section 38?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Specific Relief Act 1963 Section 38. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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