Section 56 in The Specific Relief Act, 1977 (1920 A.D.)
56. Injunction when refused.
- An injunction cannot be granted-(a)to stay 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 stay proceedings in a Court not subordinate to that from which the injunction is sought ;(c)to restrain persons from applying to any legislative body;(d)to interfere with the public duties of any department of the Government of India or [the Government of a State within the Indian Union excluding the Jammu and Kashmir State] [Substituted by A.L.O. 2008 for 'the Local Government of a province of British India'.] or the State, or with the sovereign acts of a Foreign Government;(e)to stay proceedings in any criminal matter;(f)to prevent the breach of a contract, the performance of which would not be specifically enforced ;(g)to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;(h)to prevent a continuing breach in which the applicant has acquiesced;(i)when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;(j)when the conduct of the applicant or his agents has been such as disentitle him to the assistance of the Court;(k)where the applicant has no personal interest in the matter.Illustrations.(a)A seeks an injunction to restrain his partner, B from receiving the partnership-debts and effects. It appears that A has improperly possessed himself for the books of the firm and refused B access to them. The Court will refuse the injunction.(b)A manufactures and sells crucibles, designating them as patent "plumbago crucibles," though in fact they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.(c)A sells an article called "Mixican Balm" stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are buying A's Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A's Mexican Balm consist of nothing but scented hog's lard. A's use of his description is not an honest one and he cannot obtain an injunction.
