Which of the following is true ........

Specific Relief Act (SRA) 1963 Miscellaneous Provisions

Which of the following is true?

Section 38 (2) of the Specific Relief Act, 1963, in the matters of breach of contract clearly lays down that, injunction in case of breach of contract will be granted only if specific performance may be granted in that contract.

Section 38(2) draws a link between injunction and specific performance in the matters of breach of contract and therefore, whatever rules apply for the purpose of granting specific performance, the same rules will apply for the purpose of granting injunction in matters of breach of contract.

Both a and b

Neither a nor b

छोटे Courses बड़े Results

Master Miscellaneous Provisions

Prepare through Micro-courses

Try Now

Explanation:

Section 38 – 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 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; (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.