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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…

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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?

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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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