Motor Vehicles Act, 1988, Section 179 -- Disobedience of signal given by police officer - Accused driving luxury bus - Signaled to stop by police officer in uniform - Driver giving dash to the police officer - Accused committed offence u/s 179 IPC - Plea not available to the accused that the police officer had no business to be on duty at that place and therefore no..........
Contempt of Courts Act, 1971, Section 10, 12 -- Willful disobedience of order of Court - Suo motu contempt proceedings initiated - Student not allowed to attend classes despite order passed by Court - A false complaint u/ss 107/151 Cr.P.C. filed against student with a view to restrain him from entering the premises of University - Suo motu contempt proceedings initiated..........
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 - Disobedience - Proceedings are quasi criminal in nature - Person who intentionally violates injunction order can be detained in prison - Principles of criminal law regarding mens rea and also that the defendant has voluntarily and intentionally committed breach of an ad interim injunction order must..........
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 - Application U.O.39.R.2-A CPC is maintainable only when there is disobedience of any order of injunction granted U.O.39.R.1 or Rule 2 or breach of any of the terms on which the injunction was granted or the order was made...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Interim order passed on an application filed by plaintiff - Plaintiff did not complain of any disobedience or breach of the order - Interim order not intended for benefit of co-defendant - Co-defendant has no locus standi to invoke O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........
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..........
Contempt of Courts Act, 1971, Section 2(b), 12 -- Civil Contempt - Allegations of disobedience of order of Director of Pre University Education - Held, Director of Pre University Education is an authority created under a statue - It is not a court - Hence no contempt is made out...........
