Stassen Exports Limited v. Hebtulabhoy & Co. Ltd. – sllr 1984 volume 1 page 129

The case between Stassen Exports Limited (plaintiff) and Hebtulabhooy & Co. Ltd. (defendant) addressed the legal question of whether a District Judge’s ex parte interim injunction restraining use of the trademark “RABEA” should be suspended or set aside. The court held that inherent powers under section 839 of the Civil Procedure Code could not be invoked to suspend such an injunction where express statutory provisions under section 666 applied, reaffirming the principle that inherent jurisdiction cannot displace express legislative intent. This determination was based on analysis of sections 666 and 839, as well as relevant case law, emphasizing that statutory procedures for interim relief must be strictly observed and cannot be circumvented by recourse to inherent powers.

Moonemalle J.