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Checking relevance for Vareed Jacob VS Sosamma Geevarghese...
2004 3 Supreme 637 : Section 94 CPC provides the source of power for courts to grant interim relief, but such power can only be exercised if the circumstances of the case fall under the prescribed rules. Specifically, for temporary injunctions, the court must determine whether the facts satisfy Order 39, Rules 1 and 2. The power under Section 94 is not independent; it operates in conjunction with the rules of the Code. If the circumstances do not fall under any prescribed rule, the court may invoke its inherent power under Section 151 CPC. However, Section 151 cannot be used where there is an express provision covering the matter. Thus, the scope of Section 94 is limited to cases where the relief is prescribed by rule, and it does not override or replace the need to comply with specific procedural rules.Checking relevance for Ram Prakash Agarwal VS Gopi Krishan...
2013 0 Supreme(SC) 354 : Section 151 CPC is a procedural provision that enables a court to conduct proceedings in a manner consistent with justice and equity, and allows the court to adopt any procedure to do justice unless expressly prohibited. The inherent powers under Section 151 CPC can be exercised to rectify mistakes made by the court, such as when a decree is obtained by fraud upon the court or due to a mistake of the court, but not when fraud has been committed upon a party. The court may set aside an ex parte decree obtained by fraud upon the court or by collusion, and may also issue interim relief like temporary injunctions even when not covered by Order XXXIX CPC, provided it is necessary for the ends of justice. However, inherent powers cannot be used in conflict with express provisions of the CPC or where a specific remedy is provided by law. In the case of fraud upon a party, the remedy lies in filing a separate suit, not in invoking inherent powers under Section 151 CPC.Checking relevance for Director General, Esi VS T. Abdul Razak...
Checking relevance for Ishwar Chanda Sharma VS Devendra Kumar Sharma...
2025 0 Supreme(SC) 839 : Section 94 of the Civil Procedure Code (CPC) empowers the Court to grant interim relief in order to prevent the ends of justice from being defeated. The power under Section 94 is supplemental and must be exercised only when the circumstances of the case satisfy the conditions laid down in the section. This includes the authority to appoint a receiver of any property, enforce the performance of the receiver''''s duties by attaching and selling the receiver''''s property, and make other interlocutory orders deemed just and convenient. The power to appoint a receiver under Section 94 is subject to the controlling provisions of the CPC and is exercised to protect, preserve, and manage property during the pendency of a suit, particularly when it appears just and convenient to do so.Checking relevance for Nayini Narasimha Reddy VS K. Laxman...
Checking relevance for Gujarat Urja Vikas Nigam Limited VS Solar Semiconductor Power Company (India) Private Limited...
Checking relevance for M. P. Krishi Upaj Mandi Samiti VS Prakash Nagpal...
2024 0 Supreme(MP) 470 : Section 94 of the Civil Procedure Code, 1908 empowers the court to pass interim orders, including temporary injunctions, but such power can only be exercised if the circumstances of the case fall within the provisions of Order 39, Rules 1 and 2 CPC. The court cannot grant a temporary injunction under Section 94(c) unless the conditions prescribed in Order 39 Rule 1 and Rule 2 are satisfied. The power under Section 94 is not independent; it is subject to the rules framed under the CPC. If the case does not meet the requirements of Order 39, the court may still exercise its inherent power under Section 151 CPC to grant interim relief, but only when the interest of justice so requires and when there is no express or implied bar under other provisions of the CPC. Thus, the scope of Section 94 is conditional and subordinate to the procedural requirements of Order 39, and the court’s power is not absolute but circumscribed by the rules of procedure.Checking relevance for Bashir Ahmad Khan VS Union Territory of Jammu And Kashmir...
2022 0 Supreme(J&K) 554 : Section 94 of the Code of Civil Procedure, 1908 is the source of the court''''s power to grant temporary injunctions and interlocutory orders, but it is not an independent source of power. The power under Section 94(c) to grant a temporary injunction can only be exercised if the case satisfies the requirements of Order 39, Rules 1 and 2. Section 94(c) does not confer jurisdiction independently; rather, it operates in conjunction with the procedural rules in Order 39. The court''''s power to grant interim relief under Section 94 is subject to the conditions laid down in the rules, and the court must examine whether the facts of the case meet those conditions. In cases where the circumstances do not fall under any prescribed rule, the court may invoke its inherent powers under Section 151. The sections of the Code (including Section 94) are the ''''body of the Code'''' and constitute the fundamental jurisdictional provisions, while the rules (like those in Order 39) are the ''''branching part'''' that detail the mode of exercising jurisdiction.
