Civil Procedure Code, 1908, Order 39, Rule 2-A, Constitution of India, 1950, Article 226 -- Civil Court vested with the power U.O.39.R.2-A and S.151 CPC not only to punish for contempt, but also to set right the wrong - It can order demolition of construction raised in violation of its order - In execution of such order it can direct police to act - However, this remedy is..........
Contempt of Courts Act, 1971, Section 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- After passing of the decree asking D.H. to accept the principal amount and waive the interest awarded thereon - It is open to the parties to enter into a contract or compromise with reference to their rights under the decree - The right of the judgment debtor to make an attempt to..........
Civil Procedure Code, 1908, Order 21, Rule 2, Contempt of Courts Act, 1971, Section 14 -- After passing of the decree J.D. writing a letter to D.H. to accept the principal amount and waive the interest awarded thereon - It is an attempt to persuade the D.H. to forego claim relating to interest - An agreement, which extinguishes the decree as such in whole or in part and..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Application U.O.39.R.2-A CPC is not maintainable after dismissal of suit - However, in appropriate cases, the jurisdiction of High Court under the Contempt of Courts Act, 1971 could be invoked...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Ad interim injunction - Violation - Jurisdiction of Court passing order when challenged or doubted - Held, (i) Pending decision on the question of its jurisdiction to entertain suit, Civil Court has jurisdiction to pass interim orders or interim injunction, as the case may be; (ii) All the interlocutory orders passed in..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Breach of injunction - Exercise of power U.O.39.R.2-A CPC is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971 - It has to be proved that there was an order of injunction with a direction to do or desist from doing some specific thing or act - It has to be proved that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Obedience of order of injunction - In a fit case court can grant police aid as a preventive measure for ensuring obedience of order of injunction instead of waiting till injunction is breached, even though action can be taken against the party flouting the order under Order 39 Rule 2-A..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Arbitration Act, 1940, Section 30, 33, 41 -- Vacation of injunction - Non-compliance/breach of unequivocal undertaking - Contempt of Court - Petitioner delayed arbitration proceedings for fifteen years - Petitioner aim was to delay encashment of bank guarantees only - It is ordered that respondent shall be entitled to make its..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Breach of temporary injunction - Remedy available is U.O.39.R.2-A CPC - Petition under Contempt of Courts Act is not maintainable...........
