Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Section , Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 43, Rule 1-A -- Undertaking given in terms of temporary injunction - Suit withdrawn - Without getting the suit restored, undertaking given cannot be enforced...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Railways Act, 1989, Section 143, 146, 80(G), Railway Travellers Service Agent Rules, 1985, Rule 2, 5 -- Writ petition seeking mandatory interim order permitting writ petitioner to run business as a railway travel agent - Agent had not applied for agency when advertised by Railways - Procedure for issue of license not..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Contempt petition on account of breach of injunction order passed under Order 39 of CPC - Held, CPC itself takes care of situations arising on account of violation of order of injunction or disobedience or order or decree passed by Civil Court - In view of alternative remedy..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Order passed with consent - Violation - Court is not helpless - Court can direct the defendant to restore the property to its original condition by the removal of the construction or could direct demolition or proceed for contempt if an application U.O.39.R.2-A CPC is filed by any of the party or..........
Civil Procedure Code, 1908, Order 39, Rule 2(2)(g) -- (U.P.Amendment), State Financial Corporations Act, 1951, S.29 - Recovery of dues as arrears of land revenue - Injunction to stay proceedings for recovery - Injunction order passed U.O.39.Rr.1, 2 CPC putting stay on proceedings for recovery - However, security not furnished - Injunction order set aside - Held, under..........
Civil Procedure Code, 1908, Order 39, Rule 2(g)(U.P.State - - Injunction - Interpretation of word "shall" used in R.2(g) - Scope of - Held, no injunction shall be granted to stay the proceedings for recovery of any dues recoverable as land revenue unless adequate security is furnished...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Enforcement of order - Court has ample power to enforce its order by even directing the District Authorities to do needful...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A -- Disobedience of restraint order - Court is duty bound to set right the wrong done and not to allow perpetuation of the wrong doing - Such power is available u/s 151 CPC and is bound to be exercised in the interest of justice and in public interest...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Disobedience or breach of order of injunction - Application U.O.39.R.2-A CPC filed - Writ petition also filed to obtain similar order as would be passed by Civil Court - Held, Civil Procedure Code is a comprehensive Code to protect the interest of any party against the party..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Order 39 Rule 2 refers to suit for restraining defendant from committing a breach of contract or other injury of any kind - Simple suit for recovery of money for non payment of part of price for supply of plant and machinery does not fall within the purview of provision of O.39.R.2 CPC...........