Section 38: Perpetual injunction when granted

Q: What does Section 38 of Specific Relief Act, 1963 (SRA) deal with?

Section 38 SRA pertains to "Perpetual injunction when granted". It is part of the Specific Relief Act, 1963, a legislation enacted by the Parliament of India. Section 38 of the Specific Relief Act, 1963 (SRA) governs perpetual injunction when granted.

Q: Is Section 38 SRA still in force?

Yes, Section 38 of the Specific Relief Act, 1963 is currently in force across the Republic of India.

Q: What is धारा 38 SRA?

धारा 38 SRA is the Devanagari Hindi reference for Section 38 of the Specific Relief Act, 1963. Section 38 of the Specific Relief Act, 1963 (SRA) governs perpetual injunction when granted.

Q: What is Dhara 38 SRA?

Dhara 38 SRA is the Roman Hindi reference for Section 38 of the Specific Relief Act, 1963. "Dhara" means "Section" in Hindi. Section 38 of the Specific Relief Act, 1963 (SRA) governs perpetual injunction when granted.

Q: How to cite Section 38 of Specific Relief Act, 1963?

Cite as: "Section 38, Specific Relief Act, 1963 (SRA)" in legal briefs. For academic writing, use the BlueBook format: Specific Relief Act, 1963, 1963, § 38 (India).

Law on Tips Editorial Board

Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:-
1. where the defendant is trustee of the property for the plaintiff;
2. where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
3. where the invasion is such that compensation in money would not afford adequate relief;
4. where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:-
1. where the defendant is trustee of the property for the plaintiff;
2. where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
3. where the invasion is such that compensation in money would not afford adequate relief;
4. where the injunction is necessary to prevent a multiplicity of judicial proceedings.