Introduction 

• Part III of the Specific Relief Act, 1963(SRA) contains the provisions related to preventive relief. 
• It is divided under two chapters: 
  • Injunction Generally (Chapter VII) 
  • Perpetual Injunctions (Chapter VIII) 
• Sections 36 to Section 44 of the SRA state the provisions for preventive relief.

Chapter VII: Injunction Generally 

• About Injunction: 
  • An injunction, mentioned from section 36 to 44 of SRA, is a form of preventive relief in which the court restrains the party threatening breach to the extent possible.  
  • Injunctions under SRA may be divided into different types namely temporary, perpetual and mandatory. 
• Section 36: Preventive Relief how Granted: 
  • This section states that the court grants the preventive relief on its discretion as: 
  • Temporary 
  • Perpetual or Permanent 
  • Mandatory 
• Section 37: Temporary and Perpetual Injunction: 
  • Temporary Injunction: 
    • As per subsection (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 of Civil Procedure, 1908.  
    • The primary purpose of a temporary injunction is to prevent irreparable harm or injustice during the course of litigation. 
    • It serves as a balancing act between preserving the rights of the parties and ensuring that justice is done.
  • Prerequisites for Availing Temporary Injunction: 
    • The plaintiff must establish a prima facie case in their favor. 
    • The plaintiff must demonstrate that they will suffer irreparable injury or harm if the injunction is not granted. 
    • The court will weigh the balance of convenience. 
      • This means considering whether it is more just and convenient to grant the injunction or to deny it. 
      • The court takes into account the interests of both parties and the public interest in making this determination. 
    • The plaintiff must show that there is no other adequate remedy available. If monetary damages can adequately compensate the plaintiff, the court may be less inclined to grant an injunction. 
  • Perpetual Injunction: 
    • A perpetual injunction is a judicial order that permanently restrains a person from performing or continuing a specific act that infringes upon another's legal rights.   
    • It is governed by Section 37(2) of the SRA and can only be granted by a decree made after a full trial on the merits of the case.
  • Key Characteristics of Perpetual Injunction: 
    • They are rights in personam, not rights in rem.  
    • They can be inherited if related to heritable and partible rights.  
    • They bind the legal representatives of the parties involved.

Chapter VIII: Perpetual Injunction 

• Permanent Injunction: 
  • A permanent injunction is a court order that restrains a party from engaging in certain conduct or compels them to perform specific acts. 
  • It is considered a final and permanent remedy, distinct from preliminary injunctions, which are issued on a temporary basis during the pendency of a legal proceeding.
• Section 38: Perpetual Injunction when Granted: 
  • Section 38 outlines the conditions under which perpetual injunctions may be granted:  
    • To prevent the breach of an obligation existing in the plaintiff's favor, either expressly or by implication.  
    • When the obligation arises from a contract, the court must follow the rules in Chapter II of the Specific Relief Act.  
    • When the defendant invades or threatens to invade the plaintiff's right to or enjoyment of property, in cases where:   
      • The defendant is a trustee of the property for the plaintiff. 
      • There is no standard for ascertaining the actual damage caused. 
      • Monetary compensation would not provide adequate relief. 
      • An injunction is necessary to prevent multiple judicial proceedings. 
  • Prerequisites for Obtaining a Perpetual Injunction  
    • To obtain a perpetual injunction, the following elements must be present:  
      • An existing obligation and its breach. 
      • The legal right of the plaintiff and a corresponding duty of the defendant. 
      • Actual or threatened infringement of the plaintiff's right. 
      • Inadequacy of monetary compensation as a remedy.
• Section 39: Mandatory Injunction 
  • This section states that 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 grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
• Section 40: Damages in lieu of, or in addition to, Injunction 
  • This section states that a plaintiff may claim damages in addition to or in lieu of injunctions. 
    • The court has no authority to grant suo moto relief for damages to the plaintiff. 
    • The court may allow the plaintiff to amend the plaint at any time of the proceedings. 
    • The dismissal of a suit to prevent the breach of an obligation existing in favor of the plaintiff shall bar his right to sue for damages for such breach.
• Section 41: Injunctions When Refused: 
  • There are certain conditions when an injunction can be refused as: 
    • 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. 
    • To restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought. 
    • To restrain any person from applying to any legislative body. 
    • To restrain any person from instituting or prosecuting any proceeding in a criminal matter. 
    • To prevent the breach of a contract the performance of which would not be specifically enforced. 
    • To prevent, on the grounds of nuisance, an act of which it is not reasonably clear that it will be a nuisance. 
    • To prevent a continuing breach in which the plaintiff has acquiesced 
    • When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust 
    • 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. 
    • When the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court. 
    • When the plaintiff has no personal interest in the matter. 

• Section 41: Injunctions to perform Negative Agreement 
  • This section states that except to clause (e) of Section 41 where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:  
  • It is provided that the plaintiff has not failed to perform the contract so far as it is binding on him.

Conclusion

Preventive relief, as provided under the Specific Relief Act, serves as a crucial legal tool to protect people's rights before they are actually violated. Think of it as a shield that stops someone from doing something wrong before they can do it, rather than trying to fix things after the damage is done. The law recognizes that sometimes, just giving money as compensation isn't enough - you need to stop the wrong action before it happens.