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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
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 170
suit instituted by the plaintiff for the relief of perpetual injunction and the Counsel also would maintain that the suit ... would maintain that though it is a suit for perpetual injunction, the subject-matter of the suit is in relation
Andhra High Court
- Cites 11 - Cited by 0 -
AIR 2007 AP 301
- P Narayana - 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 213 -
1983 AIR 1272
- D Desai - Full Document
injunction (1) The plaintiff in a suit for perpetual injunction under Section 38, or mandatory injunction under Section ... emerges that in a suit for perpetual injunction or Mandatory injunction, the plaintiff may also claim damages and it would
Madras High Court
- Cites 24 - Cited by 15 - 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 106
Allahabad High Court Madhu Sudan Singh Son Of Sri Bal Ram ... vs State Of U
Allahabad High Court
- Cites 50 - Cited by 0 - V Shukla - Full Document
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
suit property. Plaintiff-Chandrashekhar therefore, sought a relief of perpetual injunction against defendant-trust
Bombay High Court
- Cites 15 - Cited by 0 - S Deshmukh - Full Document
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