What is Preventive Relief?

       Preventive relief is said to be such a relief by which a person is prevented to do an act, which is not validly liable to do. When the Court prevents a Party from doing that which he is under an obligation not to do it is called preventive relief. Such relief is usually granted to prevent breach of contract or the violation of right arising otherwise than by contract.   

Example - 

   X is constructing a wall in Y's Land. At the suit of Y by providing him preventive relief X can be prohibited to do so because X is not legally liable to do so.



Preventive Relief how Granted: 

            According to Section 36 of the Specific Relief Act, 1963 Preventive Relief is granted at the discretion of the Court by Injunction, temporary or perpetual.

Relevant Case Law

              Executive Committee of Vishya Degree College, Shamli Vs. Lakshmi Narayan, AIR1 976 SC 888: In this case, the court held that the relief of Injunction cannot be granted or obtained as of right, the granting of relief or injunction is discretionary. The relief has to be granted by the court according to sound legal principles and ex debilo justitiae.


See also...

1) What are the cases in which Injunction can be refused?

2) What are the Kinds of Injunctions?

3) Remedies for Breach of a Contract

4) Mandatory Injunction




   
    

0 comments:

Post a comment

See Also..