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ZakirAppas A   28 November 2021

Perpetual injunction details

Hi Gurus,

What is the procedure to get the Perpetual Injunction? What are the documents, details need to be submitted and whether it can be filed anywhere or only the locality where we are residing?

Thanks in advance for your suggestion.


 1 Replies

Anaita Vas   30 November 2021

As per Sec.37(2) of Specific Relief Act, a perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.

As per Sec.38 of Specific Relief Act-

(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 follow the procedure as per Chapter-II.

(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; 2 (c) where the invasion is such that compensation in money would not afford adequate relief; (d) where the injunction is necessary to prevent multiplicity of judicial proceedings.

 

Regards,

Anaita Vas


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