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1 - 8 of 8 (0.22 seconds)Section 41 in The Negotiable Instruments Act, 1881 [Entire Act]
The Specific Relief Act, 1963
The Code of Civil Procedure, 1908
Alka Gupta vs Narender Kumar Gupta on 27 September, 2010
7. Even in Alka Gupta Vs. Narender Kumar Gupta (supra) relied
upon by the appellant, it was held by the Hon'ble Supreme Court that :
" A civil proceeding governed by the Code will have to be
proceeded with and decided in accordance with law and the
provisions of the Code, and not on the whims of the court. There
are no shortcuts in the trial of suits, unless they are provided by
law. A civil suit has to be decided after framing issues and trial
permitting the parties to lead evidence on the issues, except in
cases where the Code or any other law makes an exception
or provides any exemption."
Aristo Printers Pvt. Ltd. vs Purbanchal Erade Centre, Guwahati on 24 September, 1991
In said case it was held as under by the Hon'ble Division bench :
" The learned Single Judge held that reliefs claimed in the suit
are in substance for an injunction restraining the defendant from
prosecuting the criminal case instituted against the plaintiff and,
therefore, Section 41 (b) of the Specific Relief Act would come
into play and would stand on the way of the Court exercising
jurisdiction to grant injunction. It was held that the injunction
sought by the plaintiff cannot be granted since it would have the
effect of preventing the defendant from prosecuting the criminal
case against the plaintiff/appellant. Reference can also be made
to another decision in Aristo Printers Pvt Ltd vs. Purbanchal
Trade Centre, Guwahati reported in I (1992) BC 205. In the
said case, the provisions of clause (a), (b) and (d) of Section 41
of the Specific Relief Act, 1963 came up for consideration.
Anuj Trading Co. vs Electrolux Kelvinator Ltd. on 13 February, 2007
In this regard, I draw support from
the judgment of Hon'ble Delhi High Court in Anuj Trading Co. Vs. Electrolux
Kelvinator Ltd. 138 (2007) DLT 95 wherein in similar set of circumstances,
the order of Trial Court rejecting the interim injunction application in view of
bar of Section 41 (a)(b) & (d) of Specific Relief Act was upheld by the Hon'ble
Delhi High Court.
Section 41 in The Specific Relief Act, 1963 [Entire Act]
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