Skip to content
Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter VIII: Perpetual Injunctions

Section 38 Specific Relief Act: Perpetual injunction when granted

Bare Act text

38. Perpetual injunction when granted.—(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.

(3) When the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—

(a) where the defendant is trustee of the property for the plaintiff;

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(c) where the invasion is such that compensation in money would not afford adequate relief;

(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Under sub-section (1), and subject to the other provisions referred to in this Chapter, a perpetual injunction can be granted. Its purpose is to prevent breach of an obligation existing in the plaintiff's favour, expressly or by implication. Under sub-section (2), where the obligation arises from contract, the court follows the rules and provisions of Chapter II. Under sub-section (3), the defendant may invade or threaten to invade the plaintiff's right to, or enjoyment of, property. The court may then grant a perpetual injunction in four cases. These are: the defendant is trustee of the property for the plaintiff; no standard exists for ascertaining the damage; money would not give adequate relief; or an injunction is needed to prevent multiplicity of proceedings.

Chapter VIII: Perpetual Injunctions

  1. 38 Perpetual injunction when granted
  2. 39 Mandatory injunctions
  3. 40 Damages in lieu of, or in addition to, injunction
  4. 41 Injunction when refused
  5. 42 Injunction to perform negative agreement
  6. 43 Repealed
  7. 44 Repealed