New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    As per the Specific Relief Act when can permanent

    injunction not be granted?
    A Where the defendant is trustee of the property for the plaintiff Correct Answer Incorrect Answer
    B Where the invasion is such that compensation in money would afford adequate relief Correct Answer Incorrect Answer
    C Where the injunction is necessary to prevent a multiplicity of judicial proceedings Correct Answer Incorrect Answer
    D Where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion Correct Answer Incorrect Answer

    Solution

    Section 38.   Perpetual injunction when granted -(3) When the defendant invades or threatens to invade the plaintiffs 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.

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