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The Specific Relief Act, 1963: page 15

The Specific Relief Act, 1963, India Code delivered snapshot 6785305b261cbbde, physical page 15. Unreviewed extraction.

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       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 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;
           1
            [(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.]                                                 e
                                                                         od
           (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the
       assistance of the court;
                                                                   aC
           (j) when the plaintiff has no personal interest in the matter.
                                                            di
    42. Injunction to perform negative agreement.—Notwithstanding anything contained in clause (e)
                                                       In
of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a
negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to
compel specific performance of the affirmative agreement shall not preclude it from granting an injunction
to perform the negative agreement:
   Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.
   2
    *                              *                               *                           *                 *




1. Ins. by Act 18 of 2018, s. 13 (w.e.f. 1-10-2018).
2. Sections 43 and 44 rep. by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule
    (w.e.f. 20-12-1974).

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