Main Search Premium Members Advanced Search Disclaimer
Citedby 100 docs - [View All]
M/S.Hi.Sheet Industries vs Litelon Limited on 1 December, 2006
Gursharan Kaur Sahni (Advocate) vs Reliance Industries Limited on 23 May, 2017
Mrs. J. Kasthuri And Ors. vs Seth Ghanshamdas Vonsimal Deva ... on 11 January, 1979
Jag-Narain Mallah vs Bhagauti Prasad Pandey on 2 August, 1957
Goetze (India) Ltd. Rep. By Chief ... vs Sri H.R. Thimappa Gowda S/O H. ... on 24 July, 2006

[Complete Act]
Try out the Virtual Legal Assistant to take your notes as you use the website, build your case briefs and professionally manage your legal research. Also try out our Query Alert Service and enjoy an ad-free experience. Premium Member services are free for one month and pay only if you like it.
Central Government Act
Section 40 in The Specific Relief Act, 1963
40. Damages in lieu of, or in addition to, injunction.—
(1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.
(2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint: Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.
(3) The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.