The question (13 marks)
Explain the essential features of temporary, perpetual and mandatory injunctions under the Specific Relief Act 1963, and state the circumstances in which a court in India may refuse to grant an injunction. (13 marks)
MU Module IV; pack ch. 12 (ss. 36 to 42, Specific Relief Act 1963)
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Specific relief of Law of Contract and Specific Relief.
Authorities you will need
- Specific Relief Act 1963, ss. 36, 37, 38, 39, 40, 41, 42, 20A, 20B, 20C
- Code of Civil Procedure 1908, s. 94(c) and Order XXXIX Rules 1, 2, 2A, 3
- Dalpat Kumar v Prahlad Singh (1992) 1 SCC 719
- Gujarat Bottling Co Ltd v Coca Cola Co (1995) 5 SCC 545
- Dorab Cawasji Warden v Coomi Sorab Warden (1990) 2 SCC 117
- Sunil Kumar v Ram Prakash (1988) 2 SCC 77
- Percept D'Mark (India) (P) Ltd v Zaheer Khan (2006) 4 SCC 227
- Adhunik Steels Ltd v Orissa Manganese and Minerals (P) Ltd (2007) 7 SCC 125
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.