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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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