Section 41 of the Specific Relief Act 1963: Injunction When Refused

Section 41 (Injunction when refused) under Chapter VIII (Perpetual Injunctions) of Part III (Preventive Relief) of the Specific Relief Act, 1963

❝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 multiplicity of proceedings;

 (b) to restrain any person from instituting or prosecuting any proceeding in a court not sub-ordinate to that from which the injunction is sought;

 (c) to restrain any person from applying to any legislative body;

 (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;

 (e) to prevent the breach of a contract the performance of which would not be specifically enforced;

 (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

 (g) to prevent a continuing breach in which the plaintiff has acquiesced;

 (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

 (ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.

 (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;

 (j) when the plaintiff has no personal interest in the matter.❞




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Notes:

The Specific Relief Act, 1963 was amended by from time to time by:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Specific Relief (Amendment) Act, 2018 (Act No. 18 of 2018).

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