Mains Questions
SPECIFIC RELIEF ACT
Injunctions (Ss. 36-42)
Q.1. Define an Injunction. Distinguish between various kinds of Injunctions.
A, on the occasion of the marriage of his daughter, D arranges to play music for three nights, from 7 p.m. to 6 a.m. B, his neighbour is not able to sleep on the first day of the music and therefore wants to restrain A from playing on two subsequent days. Decide the case as if you were a judge. [B&JJS 1979]
Q. 2. (a) State with examples what is Preventive Relief and when and how it is granted?
(b) Explain in what circumstance a Mandatory Injunction is issued? [B&JJS 1980]
Q. 3. Define and classify Injunctions, and write a short note each on any two kinds of the various kinds of Injunctions. [B&JJS 1984]
Q. 4. Under what circumstances can the Court grant an Injunction to perform a negative agreement. [B&JJS 1986]
Q. 5. Distinguish between Temporary Injunction, Perpetual injunction and Mandatory Injunction. Under what circumstances can an injunction be refused? [B&JJS 1987]
Q.6. Define, “Injunction.” Under the circumstances a temporary injunction may be granted? [B&JJS 1991]
Q. 7. Explain the various kinds of injunctions that can be issued under the Specific Relief Act, 1963. [JJS 2014]
Q. 8. Distinguish between temporary and perpetual injunctions. When can the court grant them? [HJS 1984]
Q. 9. (a) What are the principles for issue of injunctions under the Specific Relief Act? How many kinds of injunctions can be granted under the Act?
(b) A is wife of B. A files a suit for grant of injunction against her husband B restraining from marrying a second wife. Is A’s suit for injunction maintainable?
(c) A Municipal Committee issue a notice to B a house owner for removing certain encroachments from the municipal land. B files a suit for injunction to restrain the Municipality from doing so. Can injunction be issued? [HJS 1986]
Q. 10. Distinguish between prohibitory and mandatory injunctions. On what principles are temporary injunctions granted? [HJS 1988]
Q. 11. Consider if any remedy under the Specific Relief Act is available to B:
A, a film actress agreed that she would render her exclusive services to B for a certain period and would not during that period render any services to another person. However, in breach of the agreement she entered into an agreement to act for another film company. [HJS 1996]
Q. 12. Consider if any remedy under the Specific Relief Act is available to B. A improperly uses the trade mark of B. [HJS 1996]
Q. 13. X agrees to sing at Y’s theatre for one week and also agrees not to sing at any other theatre during that period. Later on X contract with Z to sing during that week at Z’s theatre. Can Y sue for an injunction to restrain X? [HJS 2001]
Q. 14. Explain what is preventive relief. What are the provisions governing the grant of perpetual injunction? [HJS 2010]
Q. 15. Define and classify injunctions. Distinguish between mandatory and prohibitory injunction. [DJS 1990]
Q. 16. A very eminent man writes letters on family topic to B. After the death of A and B, C who is B’s residuary legatee, proposes to make money by publishing A’s letters. D who is A’s executor, sues for injunction to restrain C from publishing them. [DJS 1990]
Q. 17. Define Injunction. On what principles a temporary injunction is granted? What is the difference between temporary injunction and perpetual injunction? [DJS 1991]
Q. 18. P filed a suit for permanent and mandatory injunction against D alleging that D was threatening to dispossess him from his premises and had erected a wall in front of P’s door thereby blocking his entry into his own house. P prays for interim mandatory injunction also directing D to remove the wall so that he may use his premises. D opposes interim mandatory injunction on the main ground that its grant would amount to decreeing the suit. Discuss the law and draft an order. [DJS 1999]
Q. 19. A constructed a house for B under an agreement. B revoked the agreement complaining that the work was incomplete, shoddy and grossly delayed. A filed a suit for wrongful termination of contract and for recovery of Rs. 50 lacs allegedly outstanding for the work done. B also filed suit for recovery of Rs. 12 lacs allegedly overpaid and for permanent injunction. He filed an application for grant of ad interim injunction under Order 39 Rule 1 and 2 C.P.C. for restraining A from obstructing his entry in the suit property and for retraining A from entering upon it. A resisting it contended that the construction is complete and it was wrongful on the part of B to revoke the agreement; that a huge sum is outstanding for the work done and he has a lien over the building; that his license cannot be revoked till his dues are paid and that grant of temporary injunction will amount to decreeing the suit itself. Decide ‘B’s ad interim injunction application. [DJS 1991]
Q. 20. ‘A & Co’ is engaged in the business of manufacture and sale of railway products like wagons, bogies etc. ‘B India Ltd.’ a government owned undertaking allotted to ‘A and Co.’ a contract for the supply of bogies in Jan 2004. In compliance with the terms of the contract between the parties ‘A & Co.’ furnished a performance guarantee being a bank guarantee for Rs. 10 lakhs issued on Bank ‘C’. The guarantee is unconditional and obliges the bank ‘C’ to pay to ‘B India Ltd.’ the amount guaranteed upon it on making a written demand declaring ‘A & Co.’ to be in default under the contract. By December 2004, ‘A & Co.’ had to supply 200 out of 400 wagons which it failed to do. ‘B India Ltd.’ extended the time for performance to July 2005 but again ‘A & Co.’ defaulted. ‘B India Ltd.’ terminated the contract by an order dated August 1, 2005. ‘B India Ltd.’ simultaneously called upon bank ‘C’ to remit to its account a sum of Rs. 10 lakhs towards the performance guaranteed furnished. ‘A & Co.’ moves the court for injunction against invocation of bank guarantee. Can injunction be granted? Decide. [DJS 2006]
Q. 21. ‘A’ the owner of two adjoining houses lets one to B and afterwards lets the other to ‘C’. ‘A’ and ‘C’ begin to make such alterations in the house let out to C which will prevent the comfortable enjoyment of the house let to ‘B’. What remedy does B have? [DJS 2006]
Q. 22. ‘A’, a Hindu, is going to get married with ‘B’, another Hindu, on 1.10.2007. ‘P’, a Christian lady, files suit for permanent injunction to restrain ‘A’ & ‘B’ from getting married on the plea that ‘Al had married ‘P’ on 1.12.2006 in a temple according to the Hindu rites and as she was his legally wedded wife, he had no right to marry again. Whether ‘P’ would be entitled to injunction, as prayed? [DJS 2007]
Q. 23. What role does equity play, if any, in the grant of an injunction? What do you understand by the term — “mandatory injunction”? [DJS 2008]
Q. 24. Facts: A along with his father (F) and mother (M) were joint owners of an immovable property which comprised of a land and a dwelling house consisting of a ground floor, garage and first floor. F and M had another son B. A deed of declaration was drawn up, whereby it was declared that A held an undivided half share in aforementioned property as joint tenant. The deed, however, provided a right to either party, to sever joint tenancy at any time. By another agreement A and F decided to hold the property as tenants in common each having an undivided equal share in the property. F some years later transferred his undivided equal share in the property to his other son B comprising of the garage and ground floor. B died. The widow (X) and his two minor sons Y and Z acquired B’s undivided half share in the property. X, Y and Z sold their share to a stranger S. S took possession of the ground floor and garage.
Stand Taken: A filed a suit for perpetual injunction on the ground that the superstructure built on the immovable property was a dwelling house, even though he and his brother’s family lived separately there had been no division by metes and bounds, and that the two families were living separately only by way of convenience. S who is stranger to the family had no right of joint possession. In support of his submission second paragraph of section 44 of the Transfer of Property Act was relied upon. Ad-interim injunction was sought on the ground that irreparable harm would be caused to him which could not be compensated by money.
In defence, X, Y and Z submitted that though late B was owing the land and superstructure thereon in equal moiety with A. B in point of fact was holding the ground floor and garage in his individual capacity, which position obtained even after the death of B. X, Y and Z had separate mess, and separate water and electricity meters; X, Y and Z paid property taxes separately for portion of the property in their possession. In these circumstances even though they were tenants in common, there was already a partition of property by virtue of user. Poser: In the background of the aforesaid facts, circumstances and stands taken by the opposite parties, is A entitled to a mandatory injunction against S in a form which would result in ‘S’ being evicted from the property? Give detailed reasons in support of your conclusion. [DJS 2010]
Q. 25. Write short note on injunction is a discretionary relief. [DJS 2014]
Q. 26. Plaintiff, a sports broadcaster in India, approached the Court with the plea that it has exclusive Television Rights, Radio Rights, Mobile Transmission Rights and Broadband Internet Transmission Rights in respect of 2014 Cricket World Cup, which the plaintiff secured by making substantial investments. It is the case of the plaintiff that given the : significant investments made by the plaintiff in acquiring exclusive Transmission Rights, it is imperative for the plaintiff to ensure that its exclusive and statutory rights are not infringed by the websites which have not made any investments in acquisition of such rights. Plaintiff seeks ex-parte injunction against not only some known broadcasters and websites but also against unknown entities to restrain them form hosting, streaming, broadcasting, rebroadcasting, retransmitting, exhibiting, downloading and so on. Decide the prayer for ex-parte injunction. [DJS 2014]
Q. 27. Discuss the circumstances under which an injunction may be refused by the Court. [MPJS 2010]
Q. 28. What are the cases contemplated under the Specific Relief Act in which the relief of injunction cannot be granted? Can injunction be granted to perform a negative agreement? If so when? [MPJS 2013]
Q. 29. ‘B’ filed a suit for declaration of partnership and accounts against A. In order to deprive, ‘B’ of the benefits. ‘A’ began to shift the goods and assets of the business establishment in hurry. Advise ‘B’ as to what should he do in the circumstances. [UPJS 1991]
Q. 30. Discuss the nature and character of preventive relief granted under the Specific Relief Act, 1963. [UPJS 2012]
Q. 31. Define and classify injunctions. Distinguish between mandatory and prohibitory injunction. [DJS 1990]
Perpetual Injunction (S. 38)
Q. 1. Discuss the principles and the restrictions regarding the grant of perpetual injunction [HJS 2006]
Q. 2. Examine whether or not perpetual injunction shall be granted in following cases:—
(i) Where plaintiff prays that his standing crop is likely to be harvested very soon by defendant?
(ii) Where injunction prayed for, is for enforcement of an obligation arising from breach of contract, which cannot be specifically enforced?
(iii) Where alternative efficacious remedy is available?
(iv) Where plaintiff conduct is unconscionable? [HJS 2010]
Q. 3. Can a permanent injunction be granted to restrain the landlord from evicting the tenant from the premises in his possession? [DJS 1991]
Mandatory Injunction (S. 39)
Q.1. Explain the terms ‘mandatory injunction’. Can mandatory injunctions be issued in the following cases:-
(a) To restrain a person from moving a Court for the redressal of his grievances;
(b) To restrain the publication of a libel? [B&JJS 1975]
Q. 2. Write short note on Mandatory Injunction. [B&JJS 1991, UPJS 1992, HJS 2006]
Q. 3. Can a mandatory injunction be granted on an interlocutory application in a suit? [HJS 2006]
Q. 4. What are the circumstances under which an injunction in the Mandatory form can be issued by Court? Whether it can also be issued at interlocutory stage? [DJS 1996]
Q.5. The plaintiff was owner of land measuring 50 sq. yards whereon he constructed temporary shop and started to run a dhaba/hotel. Subsequently, plaintiff permitted the defendant to run said dhaba/hotel on theka for a period of one year vide agreement dated 17.1.1987. The defendant started to pay Rs. 40/- per day as licence fee. Sometimes son of the plaintiff issued rent receipts to the defendant. Plaintiff himself admitted defendant as a tenant in a notice sent through his advocate. The defendant never disputed agreement dated 17.1.1987. The plaintiff filed a suit for Mandatory Injunction seeking direction to defendant to handover the possession of premises in question. Whether suit for Mandatory Injunction in maintainable? [DJS 2005]
Miscellaneous
Q.1. “The remedies for non-performance of duties are either compensatory or specific”. Explain this statement briefly in the context of specific reliefs available under the Specific Relief Act. [HJS 2000]
Q. 2. He who comes for equity must do equity. Comment giving illustrations with reference to Specific Relief Act. [HJS 2000]
Q. 3. What is the purpose for which specific relief is granted under the Specific Relief Act, 1963? [RJS 2014]
Q. 4. Explain the following maxim:
Ubi jus, ibi remedium [UPJS 1982]
Q. 5. X Ltd, which its in the business of manufacture and sale of air conditioners, appointed Y as their sole and exclusive dealer for the NCT of Delhi. The dealership agreement, which was for 5 years, provided that on every sale Y would be paid a 5% commission in addition to transportation and installation charge at the rate of Rs. 1,000/- per sale. Within 2 years the officers of X Ltd received complaints from customers as to the rude behaviour of the employees of Y and faulty installation of air conditioners. There were also reports received that Y was also selling the air conditioners of Z Ltd; a rival of X Ltd. X Ltd terminated the dealership of Y. In the termination notice reference was placed on clause 2 of the dealership agreement which empowered X Ltd to terminate the dealership agreement forthwith in case a dealer acted against its business interest. The dealership agreement also contained clause 3 which permitted either party to terminate the agreement without assigning any reason upon giving one (1) month’s notice. Y instituted a suit. In the suit Y prayed for following the following reliefs:-
(i) declare that the termination of dealership agreement was illegal;
(ii) specific performance of the agreement for the balance period, i.e., 3 years, and
(iii) damages.
X Ltd opposed the suit on the ground that the termination was valid, in the alternative the dealership agreement was determinable at will and hence specific performance could not be ordered, and lastly damages, if any, could only be paid only for the 30 days period in terms of clause 3.
The evidence on record showed that the complaints against Y were bogus. Y in the past one year had contributed to the increase of sales of X Ltd in the NCT of Delhi. Discuss what relief, if any, would Y be entitled to? [DJS 2010]