Question

Which section of the Specific Relief Act, describes temporary Injunction

• A. 45
• B. 41
• C. 37
• D. 36

Hint:

For injunctions under the Specific Relief Act: - S. 36: Injunctions are discretionary. - S. 37: Defines Temporary (regulated by CPC) and Perpetual injunctions. - S. 38: When perpetual injunction is granted. - S. 41: When injunction cannot be granted (Negative list). Remember that the procedure for getting a temporary injunction is found in Order XXXIX of the CPC.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Injunctions are a type of specific relief where a court orders a party to either do something (mandatory injunction) or refrain from doing something (prohibitory injunction). They are categorized based on their duration into temporary (or interlocutory) and perpetual (or permanent) injunctions.
Step 2: Detailed Explanation:
Part III of the Specific Relief Act, 1963, deals with "Preventive Relief". Chapter VII under this part is about Injunctions Generally.
- Section 36: States that preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.
- Section 37: This section specifically describes the two types of injunctions.
- Section 37(1): "Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908."
- Section 37(2): "A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff."
- Section 41 lists the grounds when an injunction cannot be granted.
Therefore, Section 37 is the provision that describes and differentiates between temporary and perpetual injunctions.