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september 1983

Supreme Court of India · 1983-09-19

COTTON CORPORATION OF INDIA vs UNITED INDUSTRIAL BANK

Citation / case number
SC 1983/66166
Court
Supreme Court of India
Petitioner
COTTON CORPORATION OF INDIA
Respondent
UNITED INDUSTRIAL BANK
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that under Section 41(b) of the Specific Relief Act, 1963, a court does not have jurisdiction to grant an injunction restraining a person from instituting proceedings in a court not subordinate to it. The Court clarified that the legislative intent was to ensure that access to justice is not impeded by injunctions from superior courts against proceedings in other courts. The appeal was allowed, affirming that the language of Section 41(b) is clear and unambiguous, prohibiting such injunctions.

COTTON CORPORATION OF INDIA vs UNITED INDUSTRIAL BANK · Niyam