Jul 20, 2010
Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal AIR 1962 SC 527
Hon’ble Supreme Court of India observed, “the inherent powers are not in any way controlled by the provisions of the Code as has been specifically stated in S.151 itself. But those powers are not to be exercised when their exercised may be in conflict with what had been expressly provided in the Code or against the intentions of the legislature.”
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What was held in the case?
ReplyDeleteWhether court using inherent power under sec 151 grant temporary injunction specified under S.94 (c) and Order 39 of Code of Civil Procedure?
DeleteIt was decided that court has inherent power to grant temporary injunction under 151, in cases not covered by Order 39 But on facts appeal was allowed and injunction was vacated.
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