Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2-A, Civil Procedure Code, 1908, Order 21, Rule 32 -- Interim injunction - Police protection - Can be provided only when there is threat of breach, disobedience or violation of the order of interim injunction and not when order of interim injunction is violated as in that eventuality aggrieved party has to file execution..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Case adjourned repeatedly for filing objections - Adjournment also sought on ground that Advocate was lying ill which was turned down on ground of repeated adjournments - Subsequently an application filed that objections could not be filed due to incorrect entry made by counsel in his..........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of booth allotted in open auction - Notice not issued to plaintiff before passing of resumption order - Jurisdiction of civil court is not barred when order is passed in violation of mandatory provision of S.17(3) of the Act - HUDA not entailed to charge interest @ 18% because as per clause 6 of the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police help to enforce injunction order - Application moved in a petition U.O.39.R.2-A CPC and not in the main suit - No finding recorded regarding violation of order by the petitioner - Order of police help passed in a very casual manner - Held, impugned order cannot be sustained - Order granting police help..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction - Violation - Decree of injunction passed against State - In violation of the decree of injunction officials of the State demolished boundary wall and gate constructed by DH, though officials were supplied copy of injunction order - Held, officials cannot be allowed to take plea that they were not..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Dispossession in violation of decree of prohibitory injunction - Executing Court can issue an order of mandatory injunction for restoration of possession - Decree holder need not to file another suit...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Jurisdiction of Court passing order when challenged or doubted - Held, (i) Pending decision on the question of its jurisdiction to entertain suit, Civil Court has jurisdiction to pass interim orders or interim injunction, as the case may be; (ii) All the interlocutory orders passed in..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Recording of common evidence in main suit and application U.O.39.R.2-A CPC and delivering common judgment is improper...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation and disobedience of order of injunction - Order as to restoration of status quo ante without order of attachment of property - Held, order though not improper yet in order to bring the order in conformity with O.39.R.2-A CPC the same modified to the effect that property of contemner shall remain attached for one..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Exercise of power U.O.39.R.2-A CPC is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971 - It has to be proved that there was an order of injunction with a direction to do or desist from doing some specific thing or act - It has to be proved that..........
