Specific Relief Act Section 39 — Mandatory injunctions

CHAPTER VIII PERPETUAL INJUNCTIONS

General

Summary

A court can order a person to actually do something, not just stop doing something, if that is needed to prevent a breach of an obligation. This order is called a mandatory injunction, and the court will only grant it if it is capable of enforcing the required actions. The court has the discretion to decide whether to issue this order.

Official Text

When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Referred to by

Specific Relief Act §40 — Damages in lieu of, or in addition to, injunction

Related Judgments

ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY AND ORS. vs NIRMALA DEVI — Supreme Court of India (2025)
ADHUNIK STEELS LTD. vs ORISSA MANGANESE AND MINERALS PVT. LTD — Supreme Court of India (2007)
SMT. KATTA SUJATHA REDDY & ANR. vs SIDDAMSETTY INFRA PROJECTS PVT. LTD.& ORS — Supreme Court of India (2022)
STATE OF HARYANA vs STATE OF PUNJAB AND ANR — Supreme Court of India (2004)
W.E. Highway, Kandivali (East); Mumbai - 400 101 vs Maharashtra Maritime Board, ), Home Department (Ports and Transport) — Bombay High Court (Mumbai Principal Seat) (2019)