Injunctions in SRA : Practice MCQ Questions & Answers with Explanations

Ither 1 or 2. Temporary injunctions :- The primary purpose of temporary or interim sometimes referred to as interlocutory injunctions is the preservation of the status quo of the property (subject-matter) in dispute until the legal rights and confl.

Correct answer is The plaintiff can claim both injunction and damages.

Section 42 section 42 Injunction to perform negative agreement.

It can be granted at any stage of the suit. Section 37 of SRA provides Temporary and perpetual injunctions.

Section 37 of SRA Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code.

Is maintainable. Section 34 of the Specific Relief act, 1963, provides for the Discretion of court as to declaration of status or right.

Ither temporary or perpetual. Section 37 : Temporary and perpetual injunction Section 37(1): Temporary injunctions are such as are to continue until a specified time or until the further order of the court.

Section 42 section 42 Injunction to perform negative agreement.

Ither by temporary or perpetual injunction Preventive relief is a relief by which a person is prevented from doing an act, which he is not validly liable to do. Example :- A is constructing a wall on B's land.

Two kinds i.e., temporary injunction and perpetual injunction. Section 36 of the Specific Relief Act of 1963 deals with the types of injunctions that may be granted by the court.

Infrastructure. Section 41 injunction when refused— An injunction shall not be granted under the following circumstances: Restraining any individual from pursuing a legal proceeding that was ongoing at the commencement of the lawsuit seeking the in.

Oth restitutory and prohibitory Section 39 – Mandatory Injunctions - When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion gran.

Infrastructure. Section 41 injunction when refused— An injunction shall not be granted under the following circumstances: Restraining any individual from pursuing a legal proceeding that was ongoing at the commencement of the lawsuit seeking the in.

Supreme Court in the case of Cotton Corporation v U.I.B. (1983) held that if final relief cannot be granted in terms sought for temporary relief of the same nature cannot be granted.

Section 39 in The Specific Relief Act, 1963 Mandatory injunctions.

Section 39. Mandatory injunction - A mandatory injunction is defined by Salmond as― An order requiring the defendant to do some positive act to put an end to the wrongful state of things created by him or otherwise in the fulfilment of his legal o.

Section 41 of the Specific Relief Act outlines the cases where an injunction can be granted.