Question

When Perpetual Injunction may be granted-

• A. Where the defendant is trustee of the Property for the plaintiff.
• B. Where there is no standard for ascertaining the actual damage.
• C. Compensation in money would not afford adequate relief.
• D. All of the above.

Hint:

The core principle for granting a perpetual injunction is that monetary damages are an inadequate remedy. The situations listed (breach of trust, unascertainable damage, etc.) are all examples of why money alone wouldn't be enough to provide justice.

Answer 1

The Correct Option is D

A perpetual injunction is a final order of the court that permanently restrains a party from doing a certain act. The grounds for granting a perpetual injunction are laid down in Section 38 of the Specific Relief Act, 1963. According to Section 38(3), a perpetual injunction may be granted in several situations where monetary compensation would not be adequate. These include:
(a) Where the defendant is a trustee of the property for the plaintiff.
(b) Where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion.
(c) Where the invasion is such that compensation in money would not afford adequate relief.
Since all the listed options are specified grounds in the Act, the correct answer is "All of the above."