Section 38 of the Specific Relief Act, 1963 – Perpetual injunction when granted

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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.

Source: official text of The Specific Relief Act, 1963 as published on India Code (PDF). All sections of the Specific Relief Act, 1963.

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