SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1928 Supreme(Mad) 22

Kn. Pr. Periakaruppan Chettiar – Appellant
Versus
R. M. S. R. M. Ramaswami Chettiar – Respondent


JUDGMENT

1. The first question in this appeal is whether a subordinate Court in British India has power to restrain by injunction a party from prosecuting a suit in a foreign Court (though within the British Empire). The Chartered High Courts have such power, not by reason of Order 39, Rules 1 and 2, Civil P.C., but by reason of the equity jurisdiction they inherited from the old Supreme Courts: Rash Behary Dey v. Bhawani Charu Bose [1907] 34 Cal. 97 and Munglechand v. Gopalram [1907] 34 Cal. 101. Those decisions were followed in Uderan Kesaji v. Hyderally [1909] 33 Bom. 469, though the remarks of Woodroffe, J., in Hukumchand Boid v. [1909] 33 Bom. 469; Kamalanand Singh [1906] 33 Cal. 927 about the inherent powers of a Court now governed by Section 151, Civil P.C., were also relied on. But it is noteworthy that Woodroffe, J., himself in Rash Bihari Dey v. Bhawani Chan Bose [1907] 34 Cal. 97 does not rely on the inherent powers of a Court but only on the equity jurisdiction inherited from the Supreme Courts. The decision in Tikanchand Santokchand v. Santokchand Singh [1920] 24 C.W.N. 735 and Mulchand Baichand v. Gill and Coy [1920] 44 Bom. 283 do not carry the matter further. Mr. Pat




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top