Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A -- Breach of restraint order - Court has inherent power to bring back the parties to the same position as if the order of injunction has not been violated...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - The purpose of the provision is not to punish a person who has disobeyed the injunction order, but to enforce it...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Order passed in presence of counsel for the parties - Not proved that defendants had knowledge of the order passed - Unless knowledge of the order of Court is proved, the breach thereof cannot be said to be willful...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 2(b) -- Interim order - Violation thereof - Suit ultimately dismissed - Interim order merges in the final order - Petitioner cannot make a grievance against such an interim order...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Injunction - Courts have jurisdiction to pass an order of injunction not only U.O.39.R.2 CPC but also under Section 151 thereof...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - If the final order of Court is disobeyed then plaintiff can initiate proceedings under Contempt of Courts Act but not U.O.39.R.2-A of CPC...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Order 39, Rule 2A can be taken only when there has been a breach of an order of interim injunction passed under Order 39, Rule 1 or 2 of the Civil Procedure Code...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Action under Rule 2A of Order 39 of the Civil Procedure Code is penal in nature - Penal provision must be strictly construed and benefit of doubt must go to the offender...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Suit disposed of in view of statement of Corporation that building will not be demolished except by due process of law by issuance of necessary notice - Building demolished in violation of undertaking given - Held, appropriate remedy available is under Contempt of Courts Act and not U.O.39.R.2-A - Punishment U.O.39.R.2-A..........
