All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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36.

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.
D: All of the above

The answer is: D

Explanation

The correct option is D: All of the above.

According to Section 38 of the Specific Relief Act, 1963, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication, in the following cases, namely:

- where the defendant is trustee of the property for the plaintiff;

- where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

- where the invasion is such that compensation in money would not afford adequate relief;

- where the injunction is necessary to prevent multiplicity of judicial proceedings.

These are the four circumstances where the court may grant a perpetual injunction to protect the plaintiff's right to, or enjoyment of, property.