Civil Procedure Code, 1908, Order 39, Rule 2A -- Proceedings U.O.39.R.2-A CPC are in the nature of criminal proceedings and principles of criminal law apply - It has to be established beyond any shadow of doubt that injunction order was disobeyed inspite of having full knowledge of the same...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary injunction - Violation - Wilful disobedience - Unless knowledge of order of Court is proved, breach thereof cannot be said to be willful...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Temporary Injunction - Violation - By a person not party to the suit - O.39.R.2-A CPC is not intended to give power to visit (for contempt) against those persons who are not party in suit in which injunction order has been passed and not served on them...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Tenant - Both plaintiff No.1 and defendants claiming that plaintiff No.2 is tenant under them - Tenant is entitled to ad interim injunction against the threatened action to evict him without following due process of law - Respective rights of parties shall be decided at the time of final disposal of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against a person not a party in the suit - Application for impleadment and amendment of plaint pending - Application for injunction can be filed afresh after decision of application for impleadment and amendment of plaint...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Irreparable loss - Determination of - Held, a person, who remained in possession of the house in dispute for a period of more than 20 years and the settlement between the parties was reduced into writing and subsequently, after passing of such a long period, the suit is filed, then..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief which amount to pre trial decrees must be avoided wherever possible...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Grant of mandatory interim relief requires the highest degree of satisfaction of the Court - Much higher than a case involving grant of prohibitory injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Guidelines - (1) The plaintiff has a strong case for trial which is of a higher standard than a prima facie case that is normally required for a prohibitory injunction; (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money; (3)..........
