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claimed in such a suit simpliciter for injunction. 20. Perpetual Injunction can be granted under section 38 of the Specific ... each other. Section 38 shows as to when perpetual injunction may be granted, while section 41 enumerates cases where injunction
Bombay High Court
- Cites 17 - Cited by 0 -
1987 (3) BomCR 258
- B Deo - Full Document
respondent, filed a civil suit seeking a decree of perpetual injunction restraining the defendant, present Appellant, from disturbing the possession ... therefore, filed the suit seeking a decree of perpetual injunction restraining the defendant from disturbing the possession of the plaintiff
Bombay High Court
- Cites 21 - Cited by 0 -
AIR 2004 Bom 378
- D Deshmukh - Full Document
attracted because it deals only with perpetual injunction cannot be accepted. The expression 'injunction ... adjective and therefore it would comprehend both interim and perpetual injunction. It is true that s. 37 specifically provides that
Supreme Court of India
- Cites 18 - Cited by 220 -
1983 AIR 1272
- D Desai - Full Document
Civil Procedure, 1908 (5 of 1908). (2) A perpetual injunction can only be granted by the decree made ... merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission
Central Government Act
- Cites 0 - Cited by 111
Specific Relief Act, 1963. A decree for perpetual injunction is made under sub-section (2) of section 37. Such ... Specific Relief Act governs the grant of perpetual injunction. The provisions of section 38 have to be read alongwith section
Supreme Court of India
- Cites 12 - Cited by 71 -
1988 AIR 576
- B Ray - Full Document
landlord. In the said suit relief claimed was of perpetual injunction. However, the said suit was dismissed ... said appeal was allowed and a decree for perpetual injunction was passed as against the respondent/landlord. However
Bombay High Court
- Cites 38 - Cited by 0 -
2000 (1) BomCR 670
- S Mhase - Full Document
Section 38 in The Specific Relief Act, 1963 38. Perpetual injunction when granted.— (1) Subject to the other provisions contained ... referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach
Central Government Act
- Cites 0 - Cited by 176
maintainability of the suit for the relief of perpetual injunction even without a declaration about the non-fulfilment ... plaintiff to seek for a consequential relief of perpetual injunction. I say so for the reason that without the determination
Karnataka High Court
- Cites 16 - Cited by 0 -
AIR 2007 Kant 59
- D S Kumar - Full Document
Initially plaintiff filed the suit for the relief of perpetual injunction. The plaintiff purchased the plaint schedule property ... schedule property and also for a consequential relief of perpetual injunction. 5 The third defendant died during pendency
Andhra High Court
- Cites 16 - Cited by 0 - Full Document
suit property. Plaintiff-Chandrashekhar therefore, sought a relief of perpetual injunction against defendant-trust
Bombay High Court
- Cites 16 - Cited by 0 - S Deshmukh - Full Document
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