AIBE XVI — October 2021 — Q.46 (Specific Relief Act, 1963)

Q.46

Code of Civil Procedure (CPC) Medium Knowledge-Based

Bare Act Specific Relief Act, 1963 · Section 38

When Perpetual Injunction may be granted-

A Where the defendant is trustee of the Property for the plaintiff.

B Where there is no standard for ascertaining the actual damage.

C Compensation in money would not afford adequate relief.

✓ All of the above. Answer

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Explanation & Strategy

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Perpetual injunction may be granted under Section 38 of the Specific Relief Act, 1963 when the defendant invades or threatens to invade the plaintiff's right to enjoyment of property, when the defendant has breached an obligation, or when the defendant threatens to act in breach of an obligation.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Specific Relief Act, 1963

Section Section 38

Answer (D) Knowledge-Based

Paper AIBE XVI — October 2021

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