Section 38 SRA empowers a court to grant a perpetual injunction to prevent the breach of an obligation existing in favour of the plaintiff, whether expressly or by implication. In which case will a perpetual injunction NOT be granted?
AWhere the obligation is positive in nature requiring active enforcement
BWhere there is no obligation in favour of the plaintiff; where equally efficacious relief is obtainable elsewhere; where the conduct is such as to disentitle the plaintiff; and where the act complained of would result in industrial dispute relief barred by labour law
CWhere the plaintiff has been wronged
DWhere damages are adequate (this no longer bars specific performance after 2018, but applies to injunctions)
Answer & Solution
Correct answer: B. Where there is no obligation in favour of the plaintiff; where equally efficacious relief is obtainable elsewhere; where the conduct is such as to disentitle the plaintiff; and where the act complained of would result in industrial dispute relief barred by labour law
Section 41 SRA lists ten situations where injunctions may not be granted. Note option D mentions a partial truth: 'damages adequate' is still a bar to injunctions under s41(h), but is NOT a bar to specific performance after the 2018 Amendment.
Related questions
The interface between Section 6 SRA (recovery of possession on the basis of possession) anWhich of the following is the BEST illustration of a contract that is 'determinable in nat'Substituted performance' under Section 20 SRA (post-2018) operatesThe 'ready and willing' requirement under Section 16(c) SRA must be pleaded and provedA 'mandatory injunction' under Section 39 SRAThe principle that 'equity treats as done that which ought to have been done' is reflectedUnder Section 53A of the TRANSFER OF PROPERTY Act 1882 (read with SRA principles), the docIn K Narendra v Riviera Apartments (1999), the Supreme Court refused specific performance