A, B’s medical adviser, threatens an unlawful disclosure of B’s confidential patient communications.…
Under section 38, an injunction may restrain an unlawful threatened breach of confidence. A mandatory injunction under section 39 may compel necessary acts capable of lawful…
Choose your answer
A, B’s medical adviser, threatens an unlawful disclosure of B’s confidential patient communications. Which statement describes the injunction jurisdiction under the Specific Relief Act, 1963?
Answer and explanation
Correct answer C
Under section 38, an injunction may restrain an unlawful threatened breach of confidence. A mandatory injunction under section 39 may compel necessary acts capable of lawful enforcement. That discretionary power does not create an automatic right to destroy every record.
Option feedback
Option A
Prohibitory relief is possible, but section 39 also permits necessary enforceable positive acts.
Option B
Mandatory relief may be possible, but section 38 also permits restraining the threatened breach.
Option C
Sections 38 and 39 permit these forms of relief, subject to their conditions and judicial discretion.
Option D
A threatened breach may be restrained; completion of the disclosure is not necessary.
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