Civil Procedure Code, 1908, Order 39, Rule 2-A -- Punishment for violation of injunction order - When once the order is violated it is open for the Court either to commit the contemnor for civil prison or to attach the property or to order both - Conditional attachment of property and deposit of Rs.20, 000/- in unwarranted as it runs counter to statutory provisions -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - It is only wilful disobedience of injunction order which invites punitive action depriving a person of his personal liberty and property - Expression 'wilful' means a deliberate or voluntary or intentional Act - Unintentional disobedience is not enough to justify an action against the defaulter..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - When an order is passed by the Court, it is not open to a party to go behind the order, by looking into the pleadings together the intention of the Court or mind of the Presiding Officer, to comply with the orders of the Court, particularly when any non-compliance entail punitive consequences...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - Defendant restrained from causing obstruction in lifting of clinker by plaintiffs in his vehicles from cement factory - Order not referring to particular registration numbers of trucks - Out of these vehicles plaintiff not permitted to lift clinker in one vehicle of which he was not owner -..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Proceedings U.O.39.R.2-A are quasi criminal in nature - In criminal proceedings provision O.7.R.11 CPC has no application - If an application for disobeying the order of Court is filed, Court has to examine the allegations in the application, giving full opportunity to the other..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Undertaking - Breach - When Court acts on an undertaking given by a party, in substance it amounts to an injunction restraining him from acting in breach thereof - Act done in breach thereof is punishable U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - Attachment of property - Order should be clear as to extent of property, duration for which it should remain under attachment and extent of restriction for using or dealing with such property by the person guilty of breach of order of injunction - Order should be clearly specific and no ambiguity..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - Stray allegation of breach of injunction found to have been committed - Order of detention in civil imprisonment not to be passed - However property to be attached to be specified to the extent and the period for which that shall remain under attachment and in what manner...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10, 11 -- Temporary injunction - Violation - Contempt proceedings do not lie as there is equally efficacious alternate remedy available U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Proceedings U.O.39.R.2-A CPC cannot be continued after the order of interim injunction has been vacated by virtue of dismissal of the suit...........