Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Contempt of Courts Act, 1971, Section 13, Civil Procedure Code, 1908, Order 39, Rule 2A -- On application under order 39 rule 1 & 2 registrar directed to provisionally register conveyance deed - Order passed on 21-09-2007 - Contempt petition filed on 11-10-2007 alleging that conveyance deed not registered despite presentation for registration number of times - Contempt..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Decree for possession - Expression "Obstruct or resist" in R.97 - Activity of Police Officer is not rendering assistance though directed by Court executing decree - It is only an omission and does not amount to obstruction or resistance to execution of decree - Warrant of arrest of such a public servant for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 2(b) -- Interim order - Violation thereof - Suit ultimately dismissed - Interim order merges in the final order - Petitioner cannot make a grievance against such an interim order...........
Civil Procedure Code, 1908, Section 151 -- Specimen thumb impression for comparison - Suit for permanent injunction - Interim stay granted - Application for police help for compliance - Application for contempt proceedings - Defendants filed application for directions to plaintiff to give her specimen thumb impression for being compared with applications for police help..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - If the final order of Court is disobeyed then plaintiff can initiate proceedings under Contempt of Courts Act but not U.O.39.R.2-A of CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Suit disposed of in view of statement of Corporation that building will not be demolished except by due process of law by issuance of necessary notice - Building demolished in violation of undertaking given - Held, appropriate remedy available is under Contempt of Courts Act and not U.O.39.R.2-A - Punishment U.O.39.R.2-A..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Breach of injunction - Proper remedy is to move trial Court under O.39.R.2-A CPC - Contempt Petition under Sections 10 & 12 of Contempt of Courts Act to High Court can be entertained only in special and extraordinary circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Wilful breach of Court order and undertaking given without justifiable reason - Defence struck off - Contempt jurisdiction is not called for in given circumstances as object of contempt jurisdiction is to maintain majesty of Court and not necessarily to punish every breach of order of Court...........
Civil Procedure Code, 1908, Order 21, Constitution of India, 1950, Article 226 -- Order passed in writ petition - Enforcement of - Execution proper remedy - Contempt proceedings could never be substitute for execution proceedings...........