Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim injunction order - Where a party is accused of flouting or disobeying interim orders and proceedings have initiated during pendency of suit/appeal, as the case may be, subsequent dismissal of application, suit, appeal or even withdrawal of same would have no consequence in so far as disobedience is..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction, when it was in force - Disobedience does not get erased even when order is subsequently set aside - Contemner can still be punished for disobedience...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction, when it was in force - Suit ultimately dismissed - It is a mitigating factor but cannot relive the consequences and lend premium to disobedience - Costs of Rs.25,000/- imposed in lieu of simple imprisonment ordered for a period of one month - Finding that contemner is guilty of..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Partial compliance of directions of Supreme Court as well as High Court - Amounts to wilful disobedience - One more opportunity given to comply with the judgments and orders in toto and to file a compliance report within four weeks...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - A person cannot be held guilty of disobedience merely on the basis of constructive notice or surmises - For constituting the wilful disobedience of the injunction order the disobedience must be wilful and both should be proved by cogent evidence...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Defendant Nos.1 to 3 were not a party to suit when injunction order was passed - Nor they had knowledge about injunction order - Defendants were not bound by said injunction order, thus, cannot be held liable for disobedience of injunction order U.O.39.R.2-A CPC - Application rightly..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of Court order - Validity - Contempt was founded on alleged breach of respective petitioners in not having shifted premises within period of one year - Notification was issued that rights of parties were re-adjusted as per terms of allotment and period prescribed - At end of allotment letter there is a note that in..........
Civil Procedure Code, 1908, Order 39, Rule 11 -- Access to child granted to husband - Breach of order by wife - No specific finding is recorded by Court below while striking off the defence of wife that there was breach of any particular order passed earlier in relation to grant of access, nor any specific finding of willful and deliberate disobedience of orders of Family..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Act of disobedience on the part of wife, itself is no ground to infer any cruelty in its strict interpretation - Such an act does not give any reasonable apprehension in the mind of husband to perceive any injury to him - Disharmony and incompatibility cannot be presumed as cruelty for dissolving the..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of ad interim order of injunction by a person who is not party to the suit - Held, disobedience by a person who is neither a party nor named in the order would operate against violation of order if Court is satisfied with material on record that person concerned had knowledge of the order of injunction...........
