Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2 -- Temporary injunction - Cross examination of deponent at the stage of consideration of application for temporary injunction - These are not evidence affidavits - CPC vests discretion in the trial Court to cross examine deponent who has filed evidence affidavit - Such discretion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2, Evidence Act, 1872, Section 138 -- Reply to application U.O.39.Rr.1,2 supported by an affidavit - Cross examination of deponent/defendant - Specific grounds as to why such cross examination is necessary has to be stated - Application full of generalities without any specifics and..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act in High Court - As it is imperative to come to a definite conclusion before punishing concerned respondent as to whether he indeed willfully..........
Contempt of Courts Act, 1971, Section 12, Civil Procedure Code, 1908, Order 39, Rule 2 -- Disobedience of order of injunction - Order of injunction passed by District Judge - Contempt petition u/s 12 of Contempt of Courts Act filed in High Court - Held, contempt petition in High Court is not maintainable in view of alternative remedy available U.O.39.R.2-A CPC who has the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Distinction between rules 1 and 2 - Rule 1 covers all classes and categories of suits, Rule 2 applies only to suits for injunction - Application of Rule 2 is limited and is confined to injunction suits (of breach of contract or other injury of any kind) - Clause (a) of Rule 1 allows either party (i.e. plaintiff or..........
Civil Procedure Code, 1908, Order 39, Rule 2(1), 2(2) -- Business of joint venture - Unauthorized continuing of - Held, once it is found that respondent/defendant is prima facie unauthorizedly continuing with the business of joint venture and remaining in possession of the suit premises in breach of the terms of MOUs then appellants/plaintiffs are entitled to invoke the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2(1), 2(2) - - Temporary injunction - Inherent powers - Exercise of - Held, where Court finds that though a case is made out for grant of temporary injunction u/R.2(1) of O.39 of CPC but such a relief cannot be granted for some reasons, Court can invoke its inherent power u/s 151 of CPC to impose certain conditions..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Application U.O.39.R.2-A CPC is not maintainable once the suit is decreed - The only remedy available thereafter is to proceed U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Disobedience - Application U.O.39.R.2-A CPC lies only where disobedience/breach of an injunction granted or order complained is one which was granted by Court U.O.39.Rr.1 & 2 CPC which is to enure during the pendency of the suit - Once a suit is decreed, the interim order, if any, merges into the final..........
Civil Procedure Code, 1908, Order 39, Rule 2(a) -- Injunction - Civil contempt - When made out - Held, contempt of civil nature can be held to have been made out only if there has been a wilful disobedience of the order and even though there may be disobedience, yet if the same does not reflect that it has been a conscious and wilful disobedience, a case for contempt..........
