Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Forcible dispossession in violation of injunction order - Courts u/s 151 CPC have power to restore possession...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Dispossession in violation of order of temporary injunction - Concerned SHO directed to provide police help to plaintiff to restore possession of plaintiff as in existence on the date of grant of temporary injunction...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DH 23 years after obtaining decree had alleged violation of decree and encroachment of suit land by JDs - No documentary evidence in form of any demarcation report etc. was adduced by DH regarding alleged encroachment over suit land - Even, there..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 11 -- Violation of ad interim injunction order - Double jeopardy - Defendant contended that since action U.O.39.R.2-A CPC is already taken against him, taking further action U.O.39.R.11 CPC would amount to double jeopardy - Principle of double jeopardy would be applicable in service or criminal jurisprudence and would not be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Police aid - Violation of ex parte injunction order - Court cannot straight away order police aid without disposing of interim injunction petition because granting police aid to implement an ex parte injunction order may cause prejudice and hardship to opposite party, without hearing him - Party can take..........
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..........
