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    Question

    Which of the following sections of the Specific Relief

    Act 1963, deals with cases where an injunction may be refused? 
    A Section 38 Correct Answer Incorrect Answer
    B Section 39 Correct Answer Incorrect Answer
    C Section 41 Correct Answer Incorrect Answer
    D Section 42. Correct Answer Incorrect Answer

    Solution

    S. 41 of the Specific Relief Act, 1963 provides for the cases where an injunction can be refused. S.  41. Injunction when refused.—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  sub-ordinate 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.

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