either damages or specific relief.
The two principal varieties of specific relief are, decree of
specific performance and the injunction (See David Bean
on Injunctions ... amend the law
relating to certain kinds of specific reliefs." Specific Relief
is relief in specie. It is a remedy which aims
suit filed under Section 38 of the Specific Relief Act,
permanent injunction can be granted only to a person who is
in actual possession ... property as his own property. Under Section 38 of the
Specific Relief Act, an injunction restraining the defendant
from disturbing possession may not be granted
barred
under Section 41(e) of the Specific Relief Act, 1963 which categorically
provides that no injunction can be granted to prevent the breach ... perspective of legal bar against grant of injunction in Sections
14(1) and 41 of the Specific Relief Act, 1963. Learned Senior Counsel
has also
suit for injunction. Temporary injunction can be granted
under sub-section (I) of section 37 of the Specific Relief
Act, 1963. A decree for perpetual ... injunction with which we are concerned.
Temporary injunction can be granted under sub section (l) of
Section 37 of the Specific Relief
actual knowledge.
14. MySpace highlighted that SCIL did not claim relief against any specific infringed
work and had required it to remove all its works ... future could not be assumed or fastened. The quia timet relief
sought by the plaintiff was impermissible in law. Lastly, it was argued that MySpace
specific performance under provisions of section 16 of the Specific
Relief Act, 1963 and constitutes a cause of action for the relief of
specific performance ... cause of action for the relief of specific performance has
accrued to a purchaser, the efficacious relief of specific
CS(OS) 36/2007 Page
independent of the Specific Relief Act and it could not be
contended that the restrictions placed by the Specific Relief Act
cannot control the exercise ... power to grant injunction by
way of specific relief is covered by the Specific Relief Act 1963,
injunction being a form of specific relief. Section
When the grant of relief by way of injunction is, in general, governed by the Specific Relief Act , and Section 9 of the Act provides ... provisions of CPC as well as the Specific Relief Act concerning the grant of injunction also should be applied by the court while exercising
open for the plaintiff to incorporate the relief of
specific performance along with the relief of permanent injunction
and the foundation for the relief ... there is no provision in the Specific Relief Act, 1963 requiring
a plaintiff claiming the relief of specific performance to wait for
expiry
provisions of S. 41(h) of the Specific Relief Act, as an injunction cannot be granted where equally efficacious relief can certainly be obtained ... another equally efficacious relief, the present suit for permanent injunction cannot proceed, because an injunction cannot be granted when equally efficacious relief can certainly
