Section 41

Injunction when refused.

The Specific Relief Act, 1963

  • Act 47 of 1963
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to define and amend the law relating to certain kinds of specific relief.

All sections
    An injunction cannot be granted--
    (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
    (b) to restrain any person from instituting or prosecuting any proceeding in a court not sub-ordinate to that from which the injunction is sought;
    (c) to restrain any person from applying to any legislative body;
    (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
    (e) to prevent the breach of a contract the performance of which would not be specifically enforced;
    (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
    (g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
1[(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject]matter of such project.
    (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;
    (j) when the plaintiff has no personal interest in the matter.

Notes

1. Ins. by Act 18 of 2018, s. 13 (w.e.f. 1-10-2018).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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