Court : Kolkata
Reported in : (1914)ILR41Cal19
..... and accordingly the court refuses to entertain jurisdiction with regard to them:' see fry on specific performance of contracts, 5th edition, page 51. section. 54, in chapter x of the specific relief act, provides theft subject to the other provisions contained in or referred to by that chapter a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the ..... to 5 were illegal and wrongful, for reinstatement of the plaintiff in his post as superintendent, and for perpetual injunction restraining the defendants from interfering with the rights and privileges of such superintendent, as provided in the deed of trust and for other reliefs.2. the defence of the defendants nos.1 to 5, inter alia, was that the plaintiff was appointed ..... applicant whether expressly or by implication, and that when such obligation arises from contract, the court shall be guided by the rules and provisions contained in chapter ii of the act, and section 21(6) in chapter ..... is so dependent on the personal qualifications or volitions of the parties, or otherwise from its nature is such that the court cannot enforce specific performance of its material terms, cannot be specifically enforced. section 56 in chapter x of that act lays down that an injunction cannot be granted to prevent the breach of contract, the performance of which would not be .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1989KAR2784
..... effect is the pronouncement of calcutta high court in gowardhandas v. calcutta municipality : air1970cal539 . adverting to the scope of section 54 of the specific relief act, presently section 38, their lordships said:'under section 54 of the specific relief act every suit for perpetual injunction must involve a declaration or determination as to the existence of a right in the plaintiff and its threatened violation or the threatened ..... comlcopia obtaining on this topic. i would, however, begin by referring to sections 36 and 41(1)(j) of the specific relief act. section 36 reads:'preventive relief is granted at the discretion of the court by injunction, temporary or perpetual'section 41(j) reads:'an injunction cannot be granted when the plaintiff has no personal interest in the matter'.a reading of both these provisions would ..... commission of an act to injure that right of the plaintiff, or in other words, such a declaration would necessarily be implied in such suit .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1987P& H34
..... the respondent from alienating coparcenary property was competent it would not be permissible to grant an ad interim injunction as well. section 38 of the specific relief act governs the grant of perpetual injunctions and the suit like the present one would fall under its sub-section (3) which reads as. under:--'(3) when the defendant invades or threatens to invade the plaintiff' ..... s 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 ..... provisions of s. 38 are further circumscribed by the provisions of s. 41 which lay down that an injunction cannot be granted in the cases enumerated in cls. (a) to (j). clause (h) provides that an injunction cannot be granted when equally efficacious relief can be obtained by any other usual mode of proceeding except in case of breach of trust. apparently .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1982All321
..... act, which would be contrary to the rights of the plaintiff. under section 38 of the specific relief act, a perpetual injunction may be granted to the ..... period of limitation vide proviso to article 136. it has now to beseen whether the reliefs (a), (b) and (c)sought for in the plaint were the reliefs for the grant of a mandatory injunction or perpetual injunction. sub-section (2) of section 37 of the specific relief act stipulates that by perpetual injunction the defendant is perpetually enjoined from the assertion of a right, or from the commission of an ..... defendant invades or threatens to invade the plaintiff's right to, or enjoyment of property, the court may grant a perpetual injunction in cases enumerated in sub-section (3) of section 38 of the act. mandatory injunction is dealt with in section 39 of the specific relief act which says that when, to prevent the breach of an obligation, it is necessary to compel the performance of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1988SC576; JT1988(1)SC387; 1988(1)SCALE80; (1988)2SCC77; 2SCR623
..... of the plaintiff. section 38 of the specific relief act governs the grant of perpetual injunction and sub section 3 'thereof, reads:when the defendant ..... invades or threatens to invade the plaintiff's 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 injunction would be to restrain the defendant perpetually from the commission of an act, which would be contrary to the rights ..... difficulty for the sustainability of the suit for injunction with which we are concerned. temporary injunction can be granted under sub-section (1) of section 37 of the specific relief act, 1963. it is regulated by the cpc, 1908. a decree for perpetual injunction is made under sub-section (2) of section 37. such an injunction can be granted upon the merits of the suit .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1952Cal347
..... court restraining the deft, from proceeding with the suit in madras.5. now what are the principles on which this inherent power should be exercised? under section 54, specific relief act, a perpetual injunction is granted when it is necessary to prevent a multiplicity of judicial proceedings. the section does not require that the multiplicity of proceedings should be vexatious. section 54, ..... nusserwanji v. gordon', 6 bom. 266 sargent, c. j. in exercise of the original civil jurisdiction of the bombay high court observed at p. 279:'the specific relief act purports to deal only with perpetual injunctions leaving temporary injunctions to be regulated by chap. xxxv, civ. p. c. ss. 492 & 493 of that code (reference is to the code of 1882) state the ..... c. in a general manner, however the same principles must equally apply to the granting of a temporary as to a perpetual injunction & these principles must therefore be sought in the specific relief act itself. by the english judicature act an injunction may be granted by an interlocutory order of the court in all cases in which it shall appear to the court to ..... not see why the court cannot take into consideration the principles laid down in section 54, specific relief act. if perpetual injunction can be granted to prevent a multiplicity of judicial proceedings, why not a temporary injunction? in woodroffe on injunctions (edn. 5 p. 160) we find the following passage:'the specific relief act passed in 1877 & o. 39 rr. 1 & 2 of the present civ. p .....Tag this Judgment!
Court : Kolkata
Reported in : 2005(1)CHN501
..... follows :sub-section(4): nothing in the foregoing sub-sections shall apply to any suit instituted under section 38 of the specific relief act, 1963.'10. he submitted that section 38 of the specific relief act provides for perpetual injunction and a suit for perpetual injunction is excepted from the rigours of section 586. he drew my attention to prayer(b) contained in the plaint and submitted ..... expressly or by implication.12. it would at once become clear from the aforesaid sub-section quoted above that the perpetual injunction contemplated under section 38 of the specific relief act is really in the nature of specific performance where there exists an obligation in favour of the plaintiff. obligation may be contractual, obligation may be statutory. there is no ..... this chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether ..... that since the suit is a suit for perpetual injunction, section 586 has no manner of application.11. 1 have not been impressed by this submission. section 38(1) of the specific relief act provides as follows :'section 38(1) : subject to the other provisions contained in or referred to by .....Tag this Judgment!
Court : Orissa
..... of measurement of the plot as mentioned in ext.3 for grant of decree of perpetual injunction. the principles of law for grant of perpetual injunction derived in sections 38 and 41 of the specific relief act, 1963 are not in favour of the plaintiff. section 41 of the specific relief act prohibits issue of perpetual injunction when the plaintiff has no personal interest in the subject matter. sub-section (3) of ..... section 38 ofthe specific relief act stands in the way of granting perpetual injunction in favour of the plaintiff and dismissed ..... in law. in respect of the area mentioned in plot no.23 alone, the plaintiff has got interest and title for grant of perpetual injunction as required under section 38 sub-section (3) read with section 41(j) of the specific relief act, 1963. in view of the same, the suit is hot maintainable as the plaintiff was required to file the suit for declaration .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(2)BomCR447; (2001)1BOMLR112; [2001(91)FLR108]; (2000)IIILLJ25Bom; 2001(1)MhLj708
..... be granted. on merits, it is contended that no case has been made out by the plaintiffs for granting of interim relief as prayed for.8. section 38 of the specific reliefs act contemplates that a perpetual injunction can be granted in favour of the plaintiffs to prevent the breach of an obligation existing in its favour whether expressly or by implications. if it arises from ..... a contract the court shall be guided by the rules or provisions in chapter 2 of the specific relief act. a perpetual injunction can also be granted where the defendants invade or threats to invade the plaintiffs right to, or enjoyment of property, an injunction can be granted where the defendant is trustee of the property for the plaintiff: where there exists no standard ..... rule 1 or order xxxix rule 2 of the code of civil procedure would be attracted warranting grant of a temporary injunction as contemplated by section 37 of the specific relief act. the notice of motion in so far as the grant of injunction as set out in prayer clause (a) (1) would not be maintainable and would therefore require to be dismissed on the ..... or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. under section xxxvii of the specific relief act it is set out that the grant of temporary injunction is regulated by the code of civil procedure. it is therefore clear that for a plaintiff to get an .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1992Cal1
..... district judge erred in law in holding that the disputed agreement had already been breached and that compensation money was not the adequate relief.13. reliance was placed on section 38 of the specific relief act which lays down that perpetual injunction should be granted to prevent a breach of an obligation caused in his favour whether expressly or implied. in sub-paragraph of section ..... 38, it is laid down that the court may grant a perpetual injunction in the case namely a) where there exists no standard for ascertaining ..... the absence of evidence, that green leaves are available in the market. the district judge manifestly failed to appreciate the scope and purpose of mandatory injunction u/s. 39 of the specific relief act and grant of temporary injunction under the aforesaid section read with order 39 rules 1 and 2 of the code.39. findings of the district judge on the questions that ..... agreement does not expressly or impliedly contain any negative covenant clause, neither has any such covenent pleaded in the plaint. as such no injunction can be granted even under the provisions of s. 42 of the specific relief act.29. it was further asserted on behalf of the opposite parties that the suit instituted by the petitioner is also bad inasmuch as kalyan .....Tag this Judgment!