Injunctions MCQ Quiz - Objective Question with Answer for Injunctions - Download Free PDF

The correct answer is all of the above 

Key Points Section 41 – Cases Where Injunction Cannot Be Granted

• Under the Specific Relief Act, 1963, Section 41 lays down specific circumstances in which the Court shall refuse to grant an injunction, including:
• When the plaintiff has no personal interest in the matter. (Clause j)
• To prevent the breach of a contract whose performance cannot be specifically enforced. (Clause e)
• To restrain any person from applying to any legislative body. (Clause c)

✅ Therefore, the correct answer is:
4) All the above

The correct answer is All the above

Key Points

• The Specific Relief Act, 1963 provides for various kinds of injunctions under Part III of the Act (Sections 36 to 44). These include:
• 1) Temporary Injunction
  • Governed by Civil Procedure Code, 1908 (Order 39), but recognized under the Specific Relief Act (Section 37(1)).
  • Granted to maintain status quo until the court gives a final decision.
• 2) Perpetual Injunction
  • Defined under Section 37(2) of the Specific Relief Act.
  • Granted by the final decree of the court, permanently preventing a party from doing an act that violates the rights of the plaintiff.
• 3) Mandatory Injunction
  • Covered under Section 39 of the Specific Relief  Act.
  • Directs the defendant to perform a certain act to prevent breach of an obligation.

The correct answer is Option 1.

Key Points Section 40 of the Specific Relief Act, 1963: 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.

The correct answer is OPTION 4.

Key Points

• Section 41 of the Specific Relief Act, 1963, provides for Injunction when refused.
• It states that —An injunction cannot be granted—
  (a) 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;
  (b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
  (c) to restrain any person from applying to any legislative body;
  (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
  (e) to prevent the breach of a contract the performance of which would not be specifically enforced;
  (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
  (g) to prevent a continuing breach in which the plaintiff has acquiesced;
  (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
  (ha) 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.
  (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;
  (j) when the plaintiff has no personal interest in the matter. 

The correct answer is Option 4.

Key Points

• An injunction is a preventive remedy granted to a party aggrieved by the acts of another party, and thereby refrain the wrongdoers to pursue the acts performed by them,  to evade any further injury and thus considers equity. The law relating to injunction in India is governed by the Specific Relief Act 1963, and falls under two categories i.e., Permanent or perpetual injunction and temporary injunction .
• As per Section 41 of Specific Relief act an injunction cannot be granted- 
  • to restrain any person from prosecuting a judicial proceeding  pending at the institution of the suit in which the injunction is sought,  unless such restrain  is necessary to prevent  multiplicity of  proceedings;  
  • to restrain any person from instituting or prosecuting any  proceeding in a court not subordinate court 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 ground 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;
  • when the conduct of the plaintiff or his agents has been such as to 5  disentitle him to the assistance of the court; 
  • when the plaintiff has no personal interest in the matter.

The correct answer is Both restitutory and prohibitory

 Key PointsSection 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 grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts

The correct answer is Section 42

 Key Pointssection 42 Injunction to perform negative agreement.—Notwithstanding anything contained in 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 circumstances 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:

Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.

The correct answer is Both restitutory and prohibitory

 Key PointsSection 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 grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts

The correct option is At any stage of a suit.

Key Points

• 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.
    • They may be granted at any stage of a suit and are regulated by the Code of Civil Procedure of 1908 (5 of 1908).
  • Section 37(2): 
    • A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from the assertion of a right or from the commission of an act, which would be contrary to the rights of the plaintiff.
• Temporary or interlocutory injunctions are to continue temporarily either until a specified time or until further order of the court
• Case:-
  • Ram Kishun v. Jamuna Prasad (1951) 6 DLR 22
    • There may be an order to preserve the property until the final hearing of the case.
    • The object may be to maintain the status quo.
    • So that the alleged harm is avoided, which could otherwise occur until the case is finally disposed of by the court on merits.
  • Kallappa and Lunda Ram v. Shivappa Aparaj, AIR 1995
    • Where the plaintiff has the property the possession is not illegal and there is no evidence that the possession before the suit has been obtained by unfair means, an injunction, without declaration can be issued.

The correct option is Section 39.

Key Points

• 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 obligations.
• Section 39 of the Specific Relief Act of 1963 prescribes that―
  • When to prevent a 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 compel the performance of requisite acts.” 
• The object of a mandatory injunction is to restore him to the original condition and not create a new state of things.
• It is a most exceptional remedy and one which is never to be applied except with the greatest safeguard for the prevention of waste as well as injustice.
• In granting a mandatory injunction under the Specific Relief Act two elements have to be taken into consideration.
  • The Court has to determine what acts are necessary to prevent a breach of the obligation.
  • The requisite acts must be such as the Court is capable of enforcing. In a suit for mandatory injunction, it is necessary to prove special injury or substantial damage. 
• Before a suit for mandatory injunction can be filed, there must be an obligation on the part of the defendant to perform certain acts.
  • Whether it is not alleged that the other party has committed a breach of an obligation on his part as the case is merely one of trespass, the plaintiff's remedy to file a suit for possession of the land and a suit for mandatory injunction cannot be filed without suing for possession of the land.
• Case:- Dorab Cawasji Warden V. Coomi Sorab Warden [AIR 1990 S.C.867]
  • The guidelines for interim mandatory injunctions are laid down -
    • The plaintiff has a strong case for trial. That is, it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction.
    • It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money.
    • The balance of convenience is in favour of the one seeking such relief.

The correct option is Cannot be granted.

Key Points

• Section 41 lays down cases where the injunction when cannot be granted-
  • An injunction cannot be granted -
    • To restrain any person from prosecuting a judicial proceeding at the institution of the suit, in which injunction is sought unless restraint is necessary to prevent multiplicity of proceedings.
    • To restrain any person from instituting or prosecuting any proceeding in a Court not subordinate to that, from which 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 could not be specifically enforced.
    • to prevent on the ground 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 when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the Court.
    • When the plaintiff has no personal interest in the matter.

The correct answer is is maintainable.

Key Points

• Section 34 of the Specific Relief act, 1963, provides for the Discretion of court as to declaration of status or right.
• It states that —Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:
  Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
  Explanation.—A trustee of property is a “person interested to deny” a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee.

The correct answer is all of the above 

Key Points Section 41 – Cases Where Injunction Cannot Be Granted

• Under the Specific Relief Act, 1963, Section 41 lays down specific circumstances in which the Court shall refuse to grant an injunction, including:
• When the plaintiff has no personal interest in the matter. (Clause j)
• To prevent the breach of a contract whose performance cannot be specifically enforced. (Clause e)
• To restrain any person from applying to any legislative body. (Clause c)

✅ Therefore, the correct answer is:
4) All the above