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1 - 10 of 17 (0.71 seconds)The Code of Civil Procedure, 1908
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Padam Sen And Another vs The State Of Uttar Pradesh on 27 September, 1960
21. A similar question about the powers of the Court to
issue a commission in the exercise of its powers under
Section 151 of the Code in circumstances not covered
by Section 75 and Order 26, arose in Padam Sen v. State
of Uttar Pradesh [(1961) 1 SCR 884] and this Court held
that the Court can issue a commission in such
circumstances. It observed at p. 887 thus:
Manohar Lal Chopra vs Rai Bahadur Rao Raja Seth Hiralal on 16 November, 1961
"36. The Code confer powers to the Court to prevent
abuse of power and secure the ends of justice. Section
151 and 94 of the Code of Civil Procedure, 1908 provide
the bandwidth and flexibility so that the Court does not
find itself handicapped in granting a relief if it is
necessary and expedient. The logic of these provisions is
that if the Court notices any shortcomings in the relevant
provisions of code, it can resort to its inherent powers. I
am cognizant that this power is not all pervading and
ought to be used with reference to the outlines and
confines given by the specific provisions relating to grant
of injunctions. The inherent powers of the Code can be
utilized and resorted to for issuing temporary injunctions
to meet the ends of justice. However, the Court should be
cautious that in the exercise of such power the statutory
provisions that are specifically provided are not side-
stepped or invalidated. It is pertinent to refer to the
Judgment of the Supreme Court in Manohar Lal Chopra
v. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 57,
CS (Comm.) 1261/2018 Page 10 of 14
wherein the Court observed that: