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Showing posts with label disobedience of order of court. Show all posts
Showing posts with label disobedience of order of court. Show all posts
Wednesday, 22 March 2023

Whether assistant charity commissioner is the court for the purpose of the contempt of Courts Act?

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The scheme of the Act, the powers conferred on the Assistant Charity Commissioner and the perusal of the aforesaid provisions of the Act cle...
Thursday, 3 February 2022

Whether court can punish defendant for breach of injunction if he has not wilfully disobeyed injunction order?

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Viewed differently, contempt of a civil nature can be made out under Order XXXIX Rule 2A CPC not when there has been mere “disobedience”, bu...
Friday, 17 April 2020

Whether application for breach of an injunction under O 39 R 2A of CPC is tenable after disposal of the civil suit?

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After final disposal of the said civil suit, on 8.9.2014 an application was filed by the non-applicant No. 1 under Order 39 Rule 2-A of th...
Sunday, 5 March 2017

When legal representatives of deceased defendant can be held guilty for violation of injunction order?

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The learned Senior Counsel would submit that after bringing the legal representatives on record, it incumbent on the part of the responden...

Whether a person can be held guilty for violation of interim orders passed by court which has no jurisdiction to try said case?

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The learned counsel for the Defendants 1 and 2 submitted that this is not a proceeding for contempt but a proceeding under Rule 2-A of Ord...

Whether court can direct that his orders be read along with pleading,proof and other data on record?

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 Learned District Judge in his order dated November 3, 2000 noticed in para 3 that the plaintiff was owner of two trucks HP 12-2209 and HP...

Whether person can be held guilty for breach of injunction order if there is unintentional disobedience?

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 It is settled position that before a party can be punished for disobeying order under Rule 2-A of Order 39, it must be established by the...

Precaution to be taken by court while passing order for attachment of property for disobedience of injunction order

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The penalty imposed by the trial Court reads as hereunder: "The opp. Parties are hereby found guilty of disobedience of status quo ...

Whether person disobeying injunction order can be detained in civil prison as well as his properties can be attached?

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  Hence the words "and may also" in Rule 2-A cannot be interpreted in the context as denoting to a step which is permissible on...

How a party can prove that he has not violated injunction order?

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  It is, however, to be borne in mind that where a person who is not a party to the suit is proceeded against in order to punish him it is...

Whether court should decide suit and application for breach of injunction by common judgment?

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  A proceeding under Order XXXIX. Rule 2A, C.P.C., initiated on the ground of disobedience or breach of injunction order, is in the nature...

Whether application for breach of injunction order can be filed in transferee court if case is transferred?

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 I squarely fall in line with the view taken by Punjab and Haryana High Court and on the foregoing analogy hold that whenever a suit, afte...

Whether a person can be held guilty for breach of injunction order even if he was not party to suit?

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The respondent set up a case that the owner of the disputed premises is Smt. Savita Singh and the respondent No. 3 has denied to be presen...

When property attached for breach of injunction order should not be sold?

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The only question, which arises for consideration in this revision is whether on the facts and circumstances of this case, the attached pr...
Sunday, 15 January 2017

What are important principles relating disobedience of order of court?

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Few facets of relevant considerations when breach of order is alleged and facet of defence available would emerge as under from above ca...
Saturday, 24 December 2016

Whether a party can be held guity for disobedience of void order?

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 Mr. C.A. Sundaram, Senior Advocate, endeavoured to repudiate the submissions advanced at the hands of learned counsel for the appellants,...
Saturday, 12 November 2016

Principles to be followed by court for striking off defence for disobedience of order of court

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The provisions of Order 39 Rule 11(2) of the Civil Procedure Code, would also have to be taken note of which clearly provides that when su...

Whether assignee can claim impleadment in suit for partition if property was assigned contrary to order of court?

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As said before, the assignment is by means of a registered deed. The assignment had taken place after the passing of the preliminary decree...
Sunday, 18 September 2016

Whether any person can disobey order passed by court on ground that it was void?

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The question is whether pending the decision in respect of objection to the jurisdiction, no person can be punished for flouting or di...
Tuesday, 19 July 2016

Whether violation of interim orders passed by court is not punishable if it is subsequently found that court had no jurisdiction to entertain suit?

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The next thing to be noticed is that certain interim orders were asked for and were granted by the Civil Court during this period. Would i...