Injunction when Refused – Section 41 | Specific Relief Act
Section 41 of the Specific Relief Act, 1963 Provides that: 1. Alternative remedy: An injunction, which is a discretionary equitable relief, cannot be granted when an equally efficacious relief is obtainÂable in any other usual mode or proceeding except in cases of breach of trust. Image Source: thestudentlawyer.com ADVERTISEMENTS: This consideration also has a bearing upon the question whether a prima facie case exists for the grant of an interim injunction. 2. Court immediately below—Meaning of: The expression “Court imÂmediately below” occurring in Article 133 (1) of the Constitution does not mean “Court subordinate”. 3. Equitable principle: Mow access to Court in search of justice acÂcording to law is the right of a person who complains of infringement of his legally protected interest and a fortiori therefore, no other Court…