INJUNCTIONS UNDER

SPECIFIC RELIEF ACT 1963

 Introduction
● Injunction is a legal remedy available to a person whose civil right is being violated
or threatened.
● It is an order of the court, directing a person to do or refrain from doing a certain act.
● In India, the law relating to injunctions is governed by the Specific Relief Act, 1963.
Types of Injunctions
There are two types of injunctions under the Specific Relief Act:
1. Temporary injunctions: These are granted during the pendency of a suit, to maintain the
status quo or prevent any further damage or harm.

2. Perpetual injunctions: These are granted after the final hearing of the suit, and are
meant to prevent the defendant from continuing with the illegal or wrongful act.
Grounds for Granting Injunction:
Under the Specific Relief Act, injunctions can be granted on the following grounds:
1. Actual or threatened invasion of a legal right
2. Breach of an obligation
3. Multiplicity of proceedings
4. Preventing the commission of a tort
5. Preventing the breach of a trust
6. Any other ground which the court considers just and equitable.
Case laws:
1. American Home Products Corporation v. Mac Laboratories Pvt. Ltd. (1986):

In this case, the Supreme Court held that an injunction can be granted if there is a prima
facie case in favor of the plaintiff, and if the balance of convenience is in favor of granting
the injunction.
2. Kedar Nath Motani v. Prahlad Rai (1960):

In this case, the court held that an injunction can be granted to prevent the breach of a
negative covenant, i.e., a promise not to do something. The court also held that such a
covenant need not be in writing, and can be inferred from the circumstances.
3. Delhi Development Authority v. Skipper Construction Co. Pvt. Ltd. (1996):

In this case, the court held that an injunction can be granted to prevent the commission of
a tort, even if the defendant has not yet committed the tort, but there is a reasonable
apprehension that he might do so.
Conclusion:
Injunction is an important remedy available to a person whose legal or equitable right is
being violated or threatened. The Specific Relief Act provides for both temporary and
perpetual injunctions, and they can be granted on various grounds, including the
prevention of a tort, breach of trust, or any other ground which the court considers just and
equitable. The case laws discussed above provide guidance on the principles governing the
grant of injunctions.
Thank You