Law of Contract - I

The Specific Relief Act, 1963

Injunctions
(Section 36-42)
PREPARED BY :-
Ms. LOVEPREET KAUR
Assistant Professor Of Law
RGNUL, Punjab
The Specific Relief Act, 1963
The Specific Relief Act, 1963 -
The Specific Relief Act, 1963 -
The Specific Relief Act, 1963 -
INJUNCTIONS UNDER THE SPECIFIC RELIEF ACT,
1963
1. Meaning and Definition
2. Comparison of English and Indian Law

3. Following types of Injunctions are granted by the Court :-

1. Temporary and Permanent Injunctions ( Sections 36 & 37)
2. Perpetual Injunctions ( Section 38)
3. Mandatory Injunctions ( section 39)
4. Damages in lieu of or in addition to Injection( Section 40)
5. Injunction to perform a negative covenant( section 42)

4. Equitable Principles
5. Temporary Injunction
“A temporary injunction may be granted in the following cases:
(a) For the protection of interest in the property
(b) Injunction to restrain, repetition or continuance of breach
6. Is this a Discretionary Relief
INJUNCTIONS UNDER THE SPECIFIC RELIEF ACT,
1963

1. Perpetual Injunction - Sec 37 (2)

2. PERPETUAL INJUNCTION WHEN GRANTED :-

As per Sec 38 of Specific Relief Act

3. INJUNCTION WHEN REFUSED:- As per Sec.41

of Specific Relief act an injunction cannot be
granted.
INJUNCTIONS UNDER THE SPECIFIC RELIEF ACT,
1963
4. WHEN PERPETUAL INJUNCTION DOES NOT ARISES :-
(a) Suit for declaration and injunction
(b) Injunction against an alien
(c) Injunction against breach of contract
(d) Injunction cannot be granted in case of illegal
agreements

5. Can a permanent injunction be granted against

Karta of the family
SUNIL KUMAR v. RAM PRAKASH AIR 1988 SC 576
INJUNCTIONS UNDER THE SPECIFIC RELIEF ACT,
1963
1. Mandatory Injunctions (Sec 39)
2. Such Injunction can be granted under following
circumstances :-
1. There must be an obligation on part of the
defendant to perform certain acts the breach
of which, must be alleged by the plaintiff.
2. Such relief must be enforceable by the court.

3. To Prevent breach of an obligation

4. To compel performance of certain acts
5. Capable of Enforcing
INJUNCTIONS UNDER THE SPECIFIC RELIEF ACT,
1963
1. Injunctions to perform negative agreement (Section 42)

2. Limitation: Under Article 113 of The Limitation Act, Any

suit for which no period of limitation is provided elsewhere,
the limitation period is Three years from the date on which
the right to sue accrues.

The execution of a decree granting perpetual injunctions

shall not be subject to any period of limitation as per
provisions of Article 136.
DIFFERENCE BETWEEN TEMPORARY AND
PERPETUAL INJUNCTION