Act Number: 47

Act Name: The Specific Relief Act, 1963

Year: 1963

Enactment Date: 1963-12-13

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

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 38: Perpetual injunction when granted.
    (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 plaintiffs 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.
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