Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for injunction - Disobedience of a decree of injunction is necessary for seeking restitution U.O.21.R.32(5)...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - When an interim injunction is violated, proper and effective remedy is to move civil Court U.O.39.R.2-A CPC - Resorting to a writ petition u/art 226 of Constitution without exhausting the remedy before executing Court is impermissible, absent exceptional or extraordinary circumstance...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Infringement of trade mark - Appellant tendered apology for infringement and stated that same had occurred due to a bona fide mistake and had not been sold directly by Company but through some agents prior to injunction order - Though there was no clear finding of lower Court as to willful..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Disobedience - In case of disobedience of any injunction granted under Rr.1 and 2 or breach of any of the terms of injunction, the Court granting injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction - Purpose of O.39.R.2-A CPC is not punitive to impose penalty for default but to implement interlocutory order - Since there is no loss and injury which has come across to any party before Court or pointed out during the course of arguments, impugned order of dismissing application..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Advertisement was telecast in three television channels despite injunction order - Response of television channels that advertisement was telecast on few days due to technical error - Act of appellant was not intentional or deliberate to flout injunction order - Unconditional apology..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Review - Disobedience of order of High Court - Violation of temporary injunction order as to disposal of properties - Violation of such order - Failure of defaulter to disclose his assets and existence of concerned Bank account, despite being held guilty of contempt of Court - No error apparent on record -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
