Section 41 of The Specific Relief Act, 1963 View Chapter 9

Injunction when refused.


   An injunction cannot be granted--

       (a)  to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

       (b)  to restrain any person from instituting or prosecuting any proceeding in a court not sub-ordinate to that from which the injunction is sought;

       (c)  to restrain any person from applying to any legislative body;

       (d)  to restrain any person from instituting or prosecuting any proceeding in a criminal matter;

       (e)  to prevent the breach of a contract the performance of which would not be specifically enforced;

       (f)  to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

       (g)  to prevent a continuing breach in which the plaintiff has acquiesced;

       (h)  when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

       1[(ha)  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.

       (i)  when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;

       (j)  when the plaintiff has no personal interest in the matter.

1Ins. by Act 18 of 2018, s. 13 (w.e.f. 1-10-2018).