All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

The correct option is D. all of the above.

According to Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted in any of the following cases:

- 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;
- to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
- to restrain any person from applying to any legislative body;
- to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
- to prevent the breach of a contract the performance of which would not be specifically enforced;
- to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
- to prevent a continuing breach in which the plaintiff has acquiesced;
- when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
- when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court;
- when the plaintiff has no personal interest in the matter.

These are the situations where the court will not grant an injunction, as it would be either unnecessary, unjust, or impracticable. An injunction is a discretionary and equitable remedy that should be granted only when it is required to protect the rights and interests of the parties.