Civil Procedure Code, 1908, Section 64, Order 39, Rule 2-A -- Defendant giving undertaking not to alienate property pending suit - Defendant subsequently alienating property - Violation of such undertaking amounts to violation of injunction order - Though alienation may be void under S.64 of the Code still defendants are liable to be punished under order 39 Rule 2-A of the..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Husband filed petition u/s 9 Hindu Marriage Act - Ad interim injunction restraining wife from remarrying - Injunction cannot be granted - In a matrimonial proceeding not being a proceeding of the nature specified in clauses (a), (b) or (c) of Rule 1 or in sub-rule (1) of Rule 2 of O.39,..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- The thrust of Rule 2-A is not of implementation of the order but of punishment of violation of order of injunction or of undertaking given to the Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Disobedience of injunction - Court does not become functus officio on decision of the case and the application under Order 39 Rule 2-A cannot be dismissed solely on that ground...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Person not party In the suit-Where It is alleged and proved that the person who violated the order of Injunction was an agent or servant or workman of the person against whom the order of injunction was passed, the proceeding can be validly initiated against such person - In such a case the person violating the order can be..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation of Injunction - person proceeded against can prove his Innocence by proving that (a) the order was not within knowledge, or (b) the order was ambiguous and was reasonably capable of more than two Interpretation, or (c) that in fact he did not intend to disobey the order, but conducted himself In accordance with..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2-A -- Order of detention In civil prison passed under order 39 Rule 2-A for flouting order of Injunction - Order is appealable under S.104(h) of the Code...........
Civil Procedure Code, 1908, Order 39, Rule 2 -- A - Scope - The purpose of the provision is to enforce the order of injunction - It permits the Court to execute the injunction order - The purpose is not to punish the man but to see that the decree or order is obeyed and the wrong done by disobedience of the order is remedied and the status quo ante is brought into effect...........
Civil Procedure Code, 1908, Order 39, Rule 2 -- A Temporary Injunction- wilful disobedience - suit for permanent injunction decided and decree for injunction granted-court has inherent power to undo wrong done to the plaintiff...........
Civil procedure Code, 1908, Order 39, Rule 2 -- A - Temporary injunction - Disobedience~The agent or the servant of the contemner can be proceeded against...........
