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[Cites 0, Cited by 1971] [Entire Act]

Union of India - Section

Section 41 in The Specific Relief Act, 1963

41. Injunction when refused.—

An injunction cannot be granted—
(a)to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b)to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c)to restrain any person from applying to any legislative body;
(d)to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e)to prevent the breach of a contract the performance of which would not be specifically enforced;
(f)to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g)to prevent a continuing breach in which the plaintiff has acquiesced;
(h)when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(i)when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;
(j)when the plaintiff has no personal interest in the matter.