Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Recording of common evidence in main suit and application U.O.39.R.2-A CPC and delivering common judgment is improper...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation and disobedience of order of injunction - Order as to restoration of status quo ante without order of attachment of property - Held, order though not improper yet in order to bring the order in conformity with O.39.R.2-A CPC the same modified to the effect that property of contemner shall remain attached for one..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Application U.O.39.R.2-A CPC is maintainable only when there is disobedience of any order of injunction granted U.O.39.R.1 or Rule 2 or breach of any of the terms on which the injunction was granted or the order was made...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Interim order passed on an application filed by plaintiff - Plaintiff did not complain of any disobedience or breach of the order - Interim order not intended for benefit of co-defendant - Co-defendant has no locus standi to invoke O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Amount due by a garnishee, if disputed has to be determined as if it was an issue in the suit and the court can by an appropriate order determine the extent of liability of the garnishee - In the instant case there was no adjudication of the amount payable by FCI - Plaintiff bank having no complaint or grievance -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Exercise of power U.O.39.R.2-A CPC is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971 - It has to be proved that there was an order of injunction with a direction to do or desist from doing some specific thing or act - It has to be proved that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Obedience of order of injunction - In a fit case court can grant police aid as a preventive measure for ensuring obedience of order of injunction instead of waiting till injunction is breached, even though action can be taken against the party flouting the order under Order 39 Rule 2-A..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Breach of temporary injunction - Remedy available is U.O.39.R.2-A CPC - Petition under Contempt of Courts Act is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience or breach - Jurisdiction - A subsequent decision that the Court had no jurisdiction to entertain the suit does not render interim orders passed earlier non est or without jurisdiction - A party committing breach of such orders cannot escape the consequences of such disobedience and violation..........
