Home  /  Specific Relief Act  /  Section 36

Section 36: Preventive relief how granted

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 35 All 44 Sections of Specific Relief Act Section 37

Legal Commentary & Landmark Judgments: Section 36

Section 36 of the Specific Relief Act, 1963 establishes how preventive relief is granted, dividing it into temporary injunctions (regulated by the Code of Civil Procedure, 1908) and perpetual injunctions (granted by decree at the hearing upon merits).

  • Preventive Relief Classification: Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual.
  • Temporary Injunctions Regulated by CPC: Temporary injunctions continue until a specified time or until further orders, and are regulated strictly by Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.
  • Perpetual Injunctions Regulated by SRA: Perpetual injunctions can only be granted by the decree made at the hearing and upon the merits of the suit under Section 38.
  • Discretionary Equitable Shield: Granted to preserve status quo and prevent irreparable injury pending final trial adjudication.
Key Landmark Precedents:
  • Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719: The Supreme Court formulated the foundational tripartite test for temporary injunctions under Section 36 read with Order XXXIX CPC: prima facie case, balance of convenience, and irreparable injury.
  • Gujarat Bottling Co. Ltd. v. Coca Cola Co., (1995) 5 SCC 545: The Supreme Court authoritatively held that an injunction is an equitable remedy; the applicant must approach the court with clean hands and unblemished conduct.
Courtroom Practice & Strategic Litigation Guidance:

When moving an urgent application for an interim injunction under Section 36, structure your arguments meticulously around the three Dalpat Kumar pillars: (1) prima facie legal right; (2) balance of convenience; and (3) irreparable monetary loss.

Section 35 All 44 Sections of Specific Relief Act Section 37