Order 39 rule 2a case laws
WebNov 30, 2011 · Order 39, C.P.C. Action is contemplated by the very court which issues the injunction order under Rule 2A of Order 39, C.P.C. It contemplates the forfeiture of property as also putting of the person who commits breach into civil prison for … WebAnswer: 1). What is Order 39 Rule 2A CPC? In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to w...
Order 39 rule 2a case laws
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WebApr 10, 2024 · Order 39, Rule 2A CPC. 2A. Consequence of disobedience or breach of injunction. (1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or … In Order 39, rule 2, in sub-rule (2), insert the following proviso- ... 2A. Consequence of … WebRule 2 Order XXXIX of Code of Civil Procedure 1908 "Injunction to restrain repetition or continuance of breach". (1) In any suit for restraining the defendant from committing a …
WebMar 26, 2024 · “If an order of ad interim injunction is passed under Order 39, R.1 or 2 of the Code of Civil Procedure, whether ex parte or otherwise, it is appealable, as O. 43, R.1 (r) enables a party aggrieved by any order under O.39, R.1 or 2 to prefer on appeal.
WebDec 13, 2024 · Order 39 Rule 2 (2) of the CPC prescribes the discretionary power of courts to put in place terms on the grant on an injunction, including keeping accounts, giving security, or any other manner the court thinks fit. The Supreme Court in Raunaq International Ltd. v. I.V.F Construction Ltd. has discussed this requirement: WebOrder 39 Rule 2A CPC: Consequence of disobedience or breach of injunction. Consequence of disobedience or breach of injunction. – (1) In the case of disobedience of any …
Web(1) In the case of disobedience of any injunction granted or other Order made under rule 1 or 2 or breach of any of the terms on which the injunction was granted or the Order made, the court granting the injunction or making the order, or any court to which the Suit or proceeding is transferred, may Order the property of the person guilty of such …
WebMar 22, 2024 · 39 Rule 2A CPC is still pending before the Roster Bench. Since this Court has not passed any final order in the said application under Order 39 Rule 2A CPC, submissions on the maintainability of the said application, as such would have to be made before the Roster Bench. 5. chronicles songWebAug 9, 2012 · Order 39 rule 2a cpc. Is an application under Order 39 Rule 2A can be treated as a seperate case and for that seperate notice will have to be given to the parties when the title suit is pending. please cite some case laws. Not a separate case, but Fresh Application must be filed for Injunction [STAY ] BY THE PLAINTIFF. chronicles speaksWebDec 18, 2024 · The power exercised by a court under order 39, Rule 2A of the Code is punitive in nature, akin to the power to punish for civil contempt under the Contempt of Courts Act, 1971. derek brockway weatherman walkingWebAug 20, 2004 · Greenawalt has filed an application for a CPC to appeal the district court's January 6 Order.We have held before that a habeas corpus petitioner must obtain a CPC before he can appeal the denial of a Rule 60 (b) motion. Lynch v. Blodgett, 999 F.2d 401, 402-03 (9th Cir. 1993) (Lynch). derek brower financial timesWebSTATE AMENDMENTS Madhya Pradesh.-In Order 39, rule 2, in sub-rule (2), insert the following proviso:-"Provided that no such injunction shall be granted-(a) where no … derek brockway wifeWebMar 11, 2016 · Though an injunction is a remedy in itself, there needs to be another to protect the Plaintiff in case there is a breach of this order. The remedies available for a breach of injunction are as under: Order 39 Rule 2A of the Civil Procedure Code: derekbrown7349 hotmail.comWeb47. The petitioner had elected to impugn the order dt. 4.3.1998 in the civil court. The domain of the civil court under Order 39 Rule 2A CPC is well recognised. Under Order 39 Rule 2A CPC, the court can enforce the obedience of the order.The order of civil court in favour of the petitioner to the effect that he can only be dispossessed by due process of law could … derek brockway wife and kids