Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Restraint order of alienation of property - While deciding preliminary issue plaint ordered to be returned for lack of jurisdiction - During pendency of appeal defendant alienated suit property - Held, there is no violation of injunction order as on the date of alienation there was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Mandatory injunction - Disobedience - Property of J.D. attached - Attachment shall not remain in force for more than one year - After one year, if disobedience or breach continues, attached properties may be sold and compensation as determined by Court may be awarded to D.H. - No evidence that J.D. continued violation of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction order - Violation - Sale deed executed in violation of injunction order restraining alienation - Act which is committed is such which cannot be reversed or rectified or modified voluntarily as sale deed is executed by creating rights in favour of third party - Order of detention in civil prison for three months -..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- A - Provisions quasi - criminal in nature - A person violating injunction order passed by Civil Court or otherwise disregarding the same - Liable to be detained in civil prison - Violation or disregarding of injunction order has to be proved beyond all reasonable doubt by person complaining of such violation - Standard of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation/disobedience of injunction order - Proceedings are analogous to the Contempt of Court proceedings but they are taken under the provisions of O.39.R.2A CPC - Special provision in the Code prevails over the general law of contempt contained in Contempt of Courts Act...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation/disobedience of injunction order - Proceedings under O.39.R.2A are quasi criminal in nature which are meant to maintain the dignity of the Court in the eyes of the people so that the supremacy of law may prevail and to deter the people for mustering the courage to disobey the interim injunction passed by the..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Violation - By a person not party to the suit - A person knowing full well that an injunction order is passed against the defendant and still violates the injunction order irrespective of fact whether he is a party to the injunction or not and commits violation of the order, is required to face the consequences..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction order against father - Sons after being impleaded as L.R's executed sale deed in violation of injunction order granted against their father - Held, injunction order passed against father is required to be respected by legal representatives who succeeded to the property and having knowledge of the injunction order..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation of injunction order by L.R. - Separate injunction order against L.R's is not required and L.R's are bound by the injunction order issued against their father and are liable to be punished for violation...........
