Section 41 in The Specific Relief Act, 1963
Title: Injunction when refused.
An injunction cannot be granted—
(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not sub-ordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
1[(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject]matter of such project.
(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.
1. Ins. by Act 18 of 2018, s. 13 (w.e.f. 1-10-2018).
Title: Injunction to perform negative agreement.
Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:
Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.
[Amendment of Act 10 of 1940.] Rep. by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20-12-1974).
[Repeal.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974).
Title: Title, extent and commencement.
(1) This Act may be called the Prisons Act, 1894.
1[(2) It extends to the whole of India except 2[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]"
(3) It shall come into force on the first day of July, 1894.
(4) Nothing in this Act shall apply to civil jails in the 3[State] of Bombay 4[as it existed immediately before the 1st November, 1956] outside the city of Bombay, and those jails shall continue to be administered under the provisions of sections 9 and 16 (both inclusive) of 5Bombay Act 2 of 1874, as amended by subsequent enactments.
1. Subs. by the A. O. 1950, for sub-section (2).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".
3. Subs. by the A. O. 1950, for "province" which was subs. by the A O. 1948 for "presidency".
4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
5. The Civil Jails Act, 1874.