Waman Hari Deshpande vs Hari Vithal Parulekar on 1 October, 1906
(ii) 8 BLR 89 (Hari v. Vithal)
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1 - 3 of 3 (0.38 seconds)Section 38 in The Specific Relief Act, 1963 [Entire Act]
Bai Bhicaiji And Ors. vs Perojshaw Jivanji Kerawalla on 30 July, 1915
14) The law discussed in the cases cited supra
shows that the defence that the defendant is doing his
business in proper manner, in accordance with the
conditions of licence, cannot prevent the Court from
granting relief of injunction if the plaintiff is able to prove
that the act of the defendant amounts to actionable
wrong, nuisance. Circumstance that the defendant is not
complying with the conditions laid down in the licence
can be used as additional circumstance against the
defendant. When there is non-compliance of the
conditions of licence and there is also actionable nuisance
it is up to the Court to ascertain whether the nuisance
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