Specific Relief Act Section 41 — Injunction when refused
CHAPTER VIII PERPETUAL INJUNCTIONS
General
Summary
A court cannot issue an injunction to stop someone from continuing a court case that was already pending when the injunction lawsuit was filed, unless stopping it is needed to avoid multiple overlapping lawsuits. It also cannot stop someone from starting or continuing a case in a higher court, from approaching a legislative body, or from starting or continuing a criminal case. An injunction is also refused to prevent a breach of a contract that the court would not specifically enforce, to stop an act as a nuisance when it is not clearly a nuisance, or to stop a continuing breach that the plaintiff has accepted or allowed. It is refused when another equally effective legal remedy is available (except in cases of breach of trust), when it would delay or interfere with an infrastructure project or its related services, when the plaintiff's own conduct makes them undeserving of court help, or when the plaintiff has no personal stake in the matter.
Official Text
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.