41. Injunction when refused An injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a…
40. Damages in lieu of, or in addition to, injunction (1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such…
39. Mandatory injunctions When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the…
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 favor, whether…
Injunctions Generally An injunction is a specific order of the Court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some case, when it is called mandatory injunction commanding…
Relief of cancellation under Sections 31 and relief of declaration under 34- Section 34 talks about cancellation relief and provides that any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument,…
DECLARATORY DECREES Declaratory Relief It is important to note that Sections 34 and 35 of the Specific Relief Act, 1963 talk about the declaratory decrees. If any person entitled to any legal character, or to any rights as to any…
33. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable.— (1) On adjudging the cancellation of an instrument, the court may require the party…
Which instruments may be partially cancelled [Section 32] Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. Example: A…
CANCELLATION OF INSTRUMENTS 31. When cancellation may be ordered.- (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to…