Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of injunction order - Three conditions must be satisfied for invoking power U.O.39.R.2-A CPC viz. : (i) there should be order of injunction; (ii) other party has knowledge about injunction order and: (iii) said injunction order is violated or disobeyed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Proceedings U.O.39.R.2-A CPC are akin to contempt proceedings and are quasi criminal in nature - Higher degree of proof is required for holding guilty of violating order of temporary injunction...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Violation of temporary injunction order - Trial Court holding defendant guilty of violating order of temporary injunction - However, order bereft of any reasoning and there is no discussion regarding material on the basis of which trial Court reached to the conclusion - As higher degree of proof is required for..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of temporary injunction - It is not a criminal proceeding and not to be proved beyond all reasonable doubts - But at the same time, it is a quasi criminal proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim order of status quo - Defendants being in possession of suit land, already completed repairing works over suit land by the time order of status quo was received - Plaintiffs failed to establish that there is willful and deliberate violation of status quo order by defendants to warrant liability..........
Civil Procedure Code, 1908, Section 104, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Dismissal of application U.O.39.R.2-A CPC - Appeal against - Not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Petitioner in Court made statement that petitioner would not mortgage, sell or destroy property in dispute - Petitioner on basis of agreement to sell of even date, executed sale deed by flouting undertaking given before Civil Court - Appellate Court while commenting upon nature of..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A CPC - Forum to move an application - Court where main proceeding is pending deals with an application U.O.39.R.2-A CPC - Similarly, appellate Court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Plaintiff has to establish beyond any shadow of doubt that defendants had committed disobedience or breach of order of injunction, as in such proceedings principles of criminal law as to appreciation of evidence apply...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Appreciation of evidence - Different in a suit and application U.O.39.R.2-A CPC, as such, suit and such application has to be decided separately...........
