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An injunction granted during the pendency of a suit, under Section 37 of the Specific Relief Act, 1963 is known as a
Perpetual injunction
Mandatory injunction
Temporary injunction
Either aorc
mporary Injunction are such as to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit. (Section 37). In contrast in permanent injunctions (Section 38) court orders that a person or entity take certain actions or refrain from certain activities on a permanent basis. It is usually issued once a lawsuit over the underlying activity is resolved, whereas a preliminary injunction is issued while, the lawsuit is pending. The other injunctions indude: Mandatory injunction: (Section 39) Sometimes it becomes necessary to compel the performance of certain acts which the court is capable of enforcing. In such a case the court may in its discretion grant an injunction (i) to prevent such breach, and also (ii) to compel the performance of the requisite acts. Damages in lieu of, or in addition to, injunction ( Section 40) The plaintiff may also claim damages, either in addition to, or in substitution for , the injunction, and the court, if it thinks fit, a ward such damages. Injunction to perform a negative covenant (section 42) In a contract, 'where there is an affirmative agreement to do certain act, along with a negative covenant, express or implied, not to do a certain other act, the court cannot enforce . the specific performance of the positive act does not preclude' it from issuing a prohibitory injunction not to perform the negative covenant.
By: Parvesh Mehta ProfileResourcesReport error
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