Question

Under S.41 of the Specific Relief Act, an injunction cannot be granted

• A. to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
• B. to restrain any person from applying to any legislative body;
• C. to restrain any person from instituting or prosecuting any proceeding in a criminal matter
• D. all of the above

Hint:

Section 41 is a negative list. It's important to be familiar with its key clauses, especially the prohibitions against interfering with (b) coordinate courts, (c) legislative bodies, and (d) criminal proceedings. These are frequently tested areas.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
An injunction is a court order restraining a person from doing a particular act. While courts have wide powers to grant injunctions, Section 41 of the Specific Relief Act, 1963, lists specific situations where an injunction must be refused. The question asks to identify which of the given scenarios fall under this list of prohibitions.
Step 2: Detailed Explanation:
Section 41 is titled "Injunction when refused." It provides an exhaustive list of cases where an injunction cannot be granted. Let's check the options against the clauses of this section:
\begin{itemize} \item (A) "...to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;" This is explicitly stated in Section 41(b). A court cannot injunct proceedings in a superior or coordinate court. \item (B) "...to restrain any person from applying to any legislative body;" This is explicitly stated in Section 41(c). Courts cannot interfere with the legislative process. \item (C) "...to restrain any person from instituting or prosecuting any proceeding in a criminal matter;" This is explicitly stated in Section 41(d). Civil courts generally do not interfere with the criminal justice system. \end{itemize} Since all three options (A), (B), and (C) are explicitly listed in Section 41 as grounds for refusing an injunction, the correct answer is that all of them are situations where an injunction cannot be granted.
Step 3: Final Answer:
The correct answer is all of the above.