Examveda

Under Clause (3) of Section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted when

A. The defendant is not a trustee of property for the plaintiff

B. There exists standard for ascertaining the actual damage caused

C. Compensation would afford adequate remedy

D. It is necessary to prevent multiplicity of proceedings

Answer: Option D

Solution (By Examveda Team)

First, what is a perpetual injunction? It's a court order that permanently stops someone from doing something.

Now, let's look at the options:

Option A: The defendant is not a trustee of property for the plaintiff. This isn't directly related to when a perpetual injunction is usually granted. Trust relationships are usually covered in other clauses.

Option B: There exists a standard for ascertaining the actual damage caused. If we *can* easily figure out the exact financial damage, courts often prefer to award compensation (money) instead of a permanent ban (injunction). So, this would *not* be a good reason for a perpetual injunction.

Option C: Compensation would afford an adequate remedy. This is similar to Option B. If money can fix the problem, the court likely won't issue a perpetual injunction.

Option D: It is necessary to prevent multiplicity of proceedings. This means that without the injunction, there will be a lot of cases for the same subject matter in court one after the other. This *is* a valid reason for a perpetual injunction because it saves time and resources for everyone. The court doesn't want to deal with same problem again and again.

Therefore, the correct answer is Option D: It is necessary to prevent multiplicity of proceedings.

This Question Belongs to Law >> Specific Relief Act

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Comments (1)

  1. Trupti Kale
    Trupti Kale:
    1 year ago

    Please state specific questions... It should be clause (3)(d) of Section 38.

Related Questions on Specific Relief Act

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A. In a contract, where plaintiff has been given an unfair advantage over the defendant

B. In a case where the contract is not enforceable at the instance of the other party

C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff