Section 39 in The Specific Relief Act, 1963 [Entire Act]
Section 39 in The Specific Relief Act, 1963
39. Mandatory injunctions.—
When, to prevent the breach of an obligation, it is necessary to compel
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1 - 10 of 4600 (5.10 seconds)Evuru Venkata Subbayya vs Srishti Veerayya And Ors. on 28 April, 1967
Rule 32 (5) applies both to prohibitory as well as mandatory injunctions and could be enforced personally against persons who are not eo nomine parties ... construction which would cover both prohibitory as well as mandatory injunctions.
6. On the first question, we may say that it is an admitted fact
Joseph Alias Kochu vs Makkaru Pillai on 1 September, 1959
reason why Clause (5) should be limited to mandatory injunctions".
The other Judge who was a party to the order --Beachcroft, J.--contented himself ... Rule 32(5} applies to prohibitory as well as to mandatory injunctions".
11. In Hem Chandra v. Narendra Nath , AIR 11934 Cal 402, Mukherji
Bashetti Bhagawantha Rao vs Nathiri Yellaiah on 1 October, 2001
wide enough to include the execution of not only mandatory injunctions, but also prohibitory injunctions as well. The learned counsel also had placed strong reliance ... Rule 32(5) of the Code applies to the cases of mandatory injunctions only and not to simple prohibitory injunctions. In ONDIPUDUR WEAVERS CO-OPERATIVE
Fox Star Studios (Division Of Star India ... vs Aparna Bhat & Ors on 11 January, 2020
interim mandatory injunction can
be granted at the ex parte stage in this manner is no longer res integra.
Mandatory injunctions and mandatory interim injunctions ... Supreme Court is as under:
"16. The relief of interlocutory mandatory injunctions
are thus granted generally to preserve or restore the
status
Kudla Rampage vs Sri Harshendra Kumar D on 1 August, 2025
guideline approved for mandatory
injunctions in Locabail [(1986) 1 All ER 901, 906: (1986) 1
WLR 657, 664] recognises that there may be cases ... sufficient."
On the test to be applied in granting mandatory
injunctions on interlocutory applications in Halsbury's
Laws of England
R.Sasikala vs P. Annadurai .... 1St on 30 December, 2020
case, it is
held that the relief of interlocutory mandatory injunctions are granted
generally to preserve or restore the status quo of the last ... parte interim injunctions are in effect in the nature of
interim mandatory injunctions, which cannot be granted in a suit
Misrilal Misra vs Ikram Husein And Co. on 9 December, 1977
text-books that the Courts indubitably have the power to make mandatory injunctions on interlocutory motions.
2. The learned Judge further observes ... England, and have the power and a discretion to issue mandatory injunctions upon interlocutory applications.
4. In the first place, the doubt expressed by Beaman
G.Rengarajan @ Ravi vs K.N.S.Gopal ... Sole on 3 February, 2011
which were filed by the respondents herein seeking mandatory injunctions and damages as against the said Rengarajan/appellant herein ... permissive occupier and on the strength of the alleged cancellation notice, mandatory injunctions were granted as against him for removing his belongings from the premises
O.S./3381/2013 on 6 April, 2021
defendants for the relief of Specific Performance of
Contract, permanent and mandatory injunctions.
2. It is the case of the plaintiff that the
defendants ... Hence, the plaintiff's suit for specific
performance, permanent and mandatory injunctions is
not maintainable. The Civil Court has no jurisdiction to
entertain