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TypeBare Act JurisdictionCentral Government

Specific Relief Act, 1963 Section 40

DAMAGES IN LIEU OF, OR IN ADDITION TO, INJUNCTION

~1 min read
https://sooperkanoon.com/act/464879

Bare act section · Research

About this section

Specific Relief Act, 1963 Section 40 is part of Specific Relief Act, 1963 - DAMAGES IN LIEU OF, OR IN ADDITION TO, INJUNCTION. Read the section text below and explore Indian court judgments that cite it.

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Section Text

1) The plaintiff in a suit for perpetual injunction under section 38-, or mandatory injunction under section 39-, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.

(2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:

Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.

(3) The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.

Frequently asked questions

What does Specific Relief Act, 1963 Section 40 provide?

Section Section 40 of the Specific Relief Act, 1963 (DAMAGES IN LIEU OF, OR IN ADDITION TO, INJUNCTION) 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 40?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Specific Relief Act, 1963 Section 40. 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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