Padam Sen And Another vs The State Of Uttar Pradesh on 27 September, 1960
The principle of the case is destructive of
the submission of the appellants. Section 75
empowers the Court to issue a commission for
purposes specified therein: even though it is not
so expressly stated that there is no power to
appoint a commissioner for other purposes, a
prohibition to that effect is, in the view of the
Court in Padam Sen's case, implicit in s. 76. By
parity of reasoning, if the power to issue
injunctions may be exercised, if it is prescribed
by rules in the Orders in Schedule I, it must he
deemed to be not exercisable in any other manner
or for purposes other than those set out in O. 39
rr. 1 and 2.