Question
Under Section 37 of the Specific Relief Act, 1963, when
can a court grant a temporary injunction to prevent breach of contract?Solution
Section 37 of the Specific Relief Act, 1963, authorizes courts to grant temporary/interlocutory injunctions during pending proceedings. The court must consider: (1) whether plaintiff has a strong prima facie case, (2) whether damages are an adequate remedy (if adequate, injunction is inappropriate), (3) balance of convenience whether granting injunction causes lesser harm than refusal, and (4) whether irreparable injury will result from breach. The plaintiff's own conduct is relevant; conduct in breach of contract or with unclean hands may defeat injunction. Temporary injunctions are interim reliefs preserving status quo until final adjudication, commonly used in property disputes, intellectual property, and contractual breaches.
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