Order 39 rule 2a case laws

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August undefined, 2024

Web47. 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 …

Order 39, Rule 2A CPC - WritingLaw

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: WebAug 24, 2024 · Can a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure, the Supreme Court has issued notice in a special leave petition which raised this issue.In this case,... can i create a kindle account for my child

Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application …

WebThe present application was made under Order 39 Rule 2A (2) or (3) and this Court has the Jurisdiction and power to consider the same to ensure that the Injunction Order granted by the Court is obeyed and if not, the violator is punished. 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 … 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 … can i create a heloc account

o 39 r 1 2 civil procedure code temporary injunction - LawMirror.com

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. fit ross on wyeWebMay 24, 2024 · Bare acts > Code of Civil Procedure, 1908 > Order 39 Rule 2 A: 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 2 or breach of any of the terms on which the injunction was granted or the Order made, the court granting the injunction … fit rough

"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. " - Order 39 rule 2a case laws

Order 39 rule 2a case laws

WebSTATE 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 … WebOct 8, 2024 · Temporary injunction. Rule 1: Cases where the temporary injunction is granted. Rule 2: Restraining a breach. Rule 2A: Punishment for breaching the injunction. Rule 3: Notice to the opposite party. Rule 3A: Time period prescribed to dispose of the application. Rule 4. Rule 5: Injunction against a corporation.

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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 … WebAug 12, 2024 · Rule 2A describes the consequence of disobedience or breach of injunction i.e., the Court may order to attach the property of the person guilty of such disobedience …

WebMar 26, 2024 · As soon as an interim injunction is issued and the party affected thereby is apprised of it, he has two remedies: (1) he can either get the ex parte injunction order … WebJun 15, 2024 · Rule: 1- Rule 1 is all about the cases where the temporary injunction may be granted. Where in any Suit it is proved by affidavit or otherwise 1. That any property in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or 2.

WebJul 7, 2008 · ...by him under Order 39 Rule 2A of the CPC came to be rejected on 03.11.2011 on the ground that the original defendants sold away the Suit property to the present … WebAug 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.

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...

WebOrder 39 Rule 2A of CPC Rule 1 deals with the cases in which temporary injunctions can be granted and Rule 2 is about granting an injunction to restrain repetition or continuance of … fit rottweilerWebApplication under Order 39, Rule 2A of the Code is maintainable only when there is disobedience of any `injunction' granted or other order made under Rule 1 or Rule 2 of Order 39 or breach of any of the terms on which the injunction was granted or the order was made. fitrowWebDec 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. fit roof rackWebIn the language of Order 39 Rule 2A(1) the use of the words ’and may also’ indicates the intention of the Legislature that the order of detention of the contemner in civil imprisonment may be passed in ’addition to’ the order of attachment of his property and not ’in lieu’ thereof." fit rower softwareWebOrder 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 … can i create a microsoft account with gmailWebMar 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: can i create a new apple id accountWebDetails Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course … can i create a hedge fund