Specific Relief Act -Section 39- Conditions for granting a Mandatory Injunction…

📌👆Specific Relief Act -Section 39- Conditions for granting a Mandatory Injunction.

i) Obligation: There must be a clear obligation on the part of the defendant.

ii) Breach: A breach of that obligation must have occurred or be reasonably apprehended

iii) Necessity: It must be necessary to compel the performance of specific acts to prevent or rectify the breach.

iv) Enforceability: The court must be able to enforce the performance of those acts.

v) Balance of Convenience: The balance of convenience must be in favour of the party seeking the injunction.

vi) Irreparable Injury: The injury or damage caused by the breach must be irreparable or not adequately compensable in monetary terms.

0Shares

Leave a Comment

Your email address will not be published. Required fields are marked *