Preventive relief how granted

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Haryana Containers Limited vs Ks Infraspace LLP

   Supreme Court of India 06 Jan 2020 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   In a suit for specific performance of a contract for sale of immovable property, the grant of temporary injunction is a discretionary equitable remedy requiring the plaintiff to establish: (1) a strong prima facie case on basis of undisputed facts; (2) irreparable injury that cannot be adequately compensated by damages; (3) balance of convenience in favor of granting injunction; and (4) conduct of the plaintiff free from blame. Where negotiations are prolonged and reflected in multiple communications with varying drafts, the use of the term 'final draft' is not determinative of a concluded contract. The plaintiff's awareness of simultaneous negotiations with third parties, coupled with delay of seven months in filing the suit after knowledge of the transaction with the third party and refund of advance, constitutes conduct warranting denial of the equitable relief of injunction. When a third party has made substantial investments and materially altered its position in reliance on the transaction, and the balance of convenience favors the defendants, temporary injunction should not be granted even if a prima facie case of concluded contract is arguable. The discretion to grant specific performance must be exercised judiciously, considering the entire conduct of the parties, and absence of mutuality or disqualifying circumstances warrants refusal of relief.

   On this section: Provides for grant of preventive relief through temporary injunction in suits for specific performance

   Read the full order on eCourts India

2. Agrl. Produce Mkt. Committee Gondal vs Girdharbhai R Chhaniyara

   Supreme Court of India 05 May 1997 Binding (SC)

   Court's Decision & Legal Precedent

   A temporary or perpetual injunction under the Specific Relief Act, 1963, and Order XXXIX, Rule 2 CPC can only be granted to restrain breach of an established right or contract. When a party possesses only an embryonic or prospective right (such as an application for shop allotment not yet granted), injunctive relief is not available, as there is no concluded right whose infringement or threatened breach can be prevented. The High Court's appellate jurisdiction under Order 43, Rule 1 CPC does not extend to enlarging the scope of interim relief granted at trial level or modifying substantive terms of allotment schemes through interim orders.

   On this section: Section 36 defines preventive relief by injunction as discretionary grant by court. Section 37 distinguishes temporary injunctions (continuing until specified time) from perpetual injunctions (granted only by decree after hearing on merits). Court applied these sections to hold that respondents lack a concluded right necessary for injunctive relief

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.