Under the Specific Relief Act, 1963, in which of the following cases injunction cannot be granted: (i)…
Under the Specific Relief Act, 1963, an injunction is barred where it would impede or delay an infrastructure project, or to prevent breach of a contract whose performance…
Choose your answer
Under the Specific Relief Act, 1963, in which of the following cases injunction cannot be granted:
(i) If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project
(ii) When the plaintiff has personal interest in the matter
(iii) To prevent the breach of a contract the performance of which would not be specifically enforced
(iv) To restrain any person from instituting or prosecuting any proceeding in a civil matter
Answer and explanation
Correct answer C
Under the Specific Relief Act, 1963, an injunction is barred where it would impede or delay an infrastructure project, or to prevent breach of a contract whose performance could not itself be specifically enforced; the bar for lack of interest applies only where the plaintiff has none, not where he has one, and the bar on restraining proceedings is confined to a non-subordinate court, not civil proceedings generally.
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