Supreme Court · 1961 INSC 314 · Decided 16 November 1961
Rikhabdas v. Ballabhdas and Others
- Court
- Supreme Court of India
- Citation
- 1961 INSC 314 · [1962] SUPP. 1 S.C.R. 475
- Case number
- CIVIL APPEAL No. 144/1960
- Decided
- 16 November 1961
- Bench
- P.B. GAJENDRAGADKAR, A.K. SARKAR, K.N. WANCHOO (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151; Arbitration Act Section 20, 14(1), 16
Headnote
SUPREME COURT REPORTS 475 contrary or differant from the procedure ex­ pressly provided in the Code." The Court in that case held that in exercise of the powers under s. 151 of the Code of Civil Procedure, 1908 the Court cannot issue a commission for seizing books of account of commission for purposes specified therein: even though it is not so expressly stated that there is no power to appoint a commis­ sioner for other purposes, a prohibition to that effect is, in the view of the Court in Padam Sen 's case, implicit in s. 75. By parity of reasoning, if the power
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