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november 1961

Supreme Court of India · 1961-11-16

MANOHAR LAL CHOPRA vs RAI BAHADUR RAO RAJA SETH HIRALAL

Citation / case number
SC 1958/161
Court
Supreme Court of India
Petitioner
MANOHAR LAL CHOPRA
Respondent
RAI BAHADUR RAO RAJA SETH HIRALAL
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that while civil courts possess inherent powers to issue temporary injunctions under Section 151 of the Code of Civil Procedure, 1908, such powers should not conflict with express provisions of the Code, particularly when the jurisdictional issue is pending resolution. The Court vacated the injunction granted by the Indore court, emphasizing that the Asansol court should determine its own jurisdiction as directed by the Calcutta High Court. The ruling clarified that injunctions can only be issued in exceptional circumstances, particularly when a suit is deemed vexatious and useless, which was not the case here.

MANOHAR LAL CHOPRA vs RAI BAHADUR RAO RAJA SETH HIRALAL · Niyam