Specific Relief Act Section 38 — Perpetual injunction when granted
CHAPTER VIII PERPETUAL INJUNCTIONS
General
Summary
A perpetual injunction is a court order that can be issued to stop someone from breaking an obligation that exists in your favour, whether that obligation is written or implied. If the obligation comes from a contract, the court must follow the rules for contracts set out in Chapter II of this Act. The court may also issue this type of injunction when someone invades or threatens to invade your right to property or your enjoyment of it, specifically in these situations: when the person is a trustee of the property for you, when there is no clear way to measure the actual damage, when money compensation would not be enough, or when an injunction is needed to avoid multiple lawsuits.
Official Text
(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.