Contempt of Courts Act, 1971, Section 12, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Contempt of Court - Disobedience of eviction decree - In the instant case, landlord was handed over possession with police help - However, on death of landlord, tenant again forcibly took possession of premises from the wife of landlord - Hence, there is wilful..........
Contempt of Courts Act, 1971, Section 11, 14 -- Conduct - High Court in interim order observed that "in the meanwhile it is expected that Joint Commissioner of Police, Anti Corruption Branch will work in accordance in law" - Subsequently writ petition was dismissed - It is not necessary for High Court to go into correctness of allegations in contempt case and to return..........
Contempt of Courts Act, 1971, Section 2(b) -- Wilful disobedience - Eviction decree - In the instant case, tenants gave undertaking before Single Judge that he will hand over vacant and peaceful possession of shop but they inducted third tenant in the shop and then initiated fresh trial of litigation by filing writ petition - Said act is nothing but deliberate attempt on..........
Transfer of Property Act, 1882, Section 60, 62 -- Redemption of mortgage - Non-deposit of mortgage amount within time so granted by trial Court as operation of judgment and decree of trial court was stayed by appellate Court - There is no question of not depositing the mortgage amount within time granted by trial Court - No willful disobedience on part of plaintiff in..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Willful disobedience - Power of Civil Court U.O.39.R.2-A CPC is in the nature of contempt of Court to the extent of violation of its own orders U.O.39.Rr.1, 2 CPC - However, Court in exercise of powers U.O.39.R.2-A CPC cannot adjudicate contempt or violation of undertaking but is concerned with..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of orders passed by Court - Directions which are explicit in the judgment or "are plainly self evident" can be taken into account for the purpose of consideration as to whether there has been any disobedience or wilful violation of the same...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful or deliberate disobedience - Court can form an opinion as to whether Court should proceed for contempt of Court, only after affording an opportunity to file reply and hearing the appellant...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5) -- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is effected and title passes only upon..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Disobedience of order - Court directed respondent to decide legal notice within 2 months - However, respondent took 2 years time that too after filing of contempt petition by petitioner - Due to said delay, petitioner has to incur unnecessary expenses at the time of filing contempt petition for decision of..........
