Injunctions under the Specific Relief Act, 1963, fall under Chapters VII and VIII. As per Section 37, temporary injunctions under the Act of 1963 are regulated by the Code of Civil Procedure, 1908. Temporary injunctions under the Act of 1908 fall under Order XXXIX.
Now, as per Section 41(e) of the Act of 1963, an injunction cannot be granted to prevent the breach of a contract the performance of which would not be specifically enforced.
As per Section 10 of the Act of 1963, a contract cannot be specifically enforced unless the mandates u/s 11(2), 14, 16 are satisfied.
On reading Section 41(e) together with Section 10 of the Act of 1963, the question arises as to whether “injunction” under Section 41(e) includes temporary injunctions, and not just the other 2 kinds of injunctions under Chapters VII and VIII – “perpetual” and “mandatory” injunctions.
Since temporary injunctions are regulated by the Act of 1908, it is clear that S. 41(e) is only applicable insofar as the other 2 kinds of injunctions are concerned.
A short and interesting discussion of the above, along with an important decision of the Hon’ble Supreme Court, can be viewed here in our Youtube channel!
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