Trace Your Case

ISSUE:

Whether a court can issue interim injunction in exercise of its inherent powers under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), when specific provisions exist for the same?

RULE:

The provisions of the CPC neither limit nor control the inherent powers of the court under Section 151.

However, where an express provision is made for a particular situation within the CPC, a departure from the same cannot be allowed.

Courts cannot exercise their inherent powers under Section 151 of CPC to order an injunction when a specific provision under Order XXXIX to grant interim injunction is enshrined in the CPC.

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