Damages in lieu of, or in addition to, injunction

Q: When did Section 40 of the Specific Relief Act come into force?

Section 40 of the Specific Relief Act, cited as Specific Relief Act 40, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.

In force From 01 Mar 1964 Act 47 of 1963 As on 15 Oct 2026

Act 47 of 1963 Ministry Law and Justice Enacted 13 Dec 1963 In force 01 Mar 1964

Section 40 of the Specific Relief Act, 1963 deals with damages in lieu of, or in addition to, injunction. The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages. The Act came into force on 01 Mar 1964.

(1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.
(2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:
Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim.
(3) The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.
Section 40, The Specific Relief Act, 1963 (Act 47 of 1963).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

High Court 04 Apr 2019 KAHC010157182013

… After hearing the learned counsel, it has to be stated that a procedural mistake, probably due to inadvertence, has given scope for this anomaly which requires to be set-right. 9. Once the appellant sought an amendment to his plaint to claim damages as permitted under Section 40 of the Specific Relief Act, the said application should have been decided in the appeal itself. Actually there was no need to ask the trial Court to decide the said application. Having expressed an opinion that amendment could be granted, it was enough that after allowing application, the suit could have been …

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High Court 27 Nov 2015 MPHC010269432004

… injunctions.- When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts." 15 : Section 40 of the Specific Relief Act in Chapter-VIII, Part-III deals with damages or in lieu of, or in addition to, injunction and Section 41 of the said Act specifically deals with the provision when injunction can be refused. None of the contingencies prescribed under Section 41 of the Specific Relief Act, contains a …

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Questions about Section 40

What does Section 40 of the Specific Relief Act deal with?

Section 40 of the Specific Relief Act is headed "Damages in lieu of, or in addition to, injunction". The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages.

How do I find court cases under Section 40 of the Specific Relief Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 40, section 40 Specific Relief Act, section 40 of the Specific Relief Act. People searching for it also type specific relief act 1963 section 40. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 40 of the Specific Relief Act, and has it changed?

Its own text turns on section 38 (Perpetual injunction when granted), section 39 (Mandatory injunctions), so none of them can safely be read on its own.

When did Section 40 of the Specific Relief Act come into force?

Section 40 of the Specific Relief Act, cited as Specific Relief Act 40, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.