2024 Order 39 rule 2a case laws

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 … 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.

Order 39 Rule 2A CPC: Consequence of ... - Verma Law …

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,... 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 … simpletire website

Order 39 rule 2a cpc - lawyersclubindia

WebAug 9, 2024 · Order 39 Rule 2A CPC: CONSEQUENCE OF DISOBEDIENCE OR BREACH OF INJUNCTION. Case: Amazon.com NV Investment Holdings LLC vs. Future Retail Limited Coram: Justices RF Nariman and BR Gavai Case No: CA 4492-4493 OF 2024 Court Observation: “It is one thing to say that the power exercised by a court under Order XXXIX, … WebJun 10, 2024 · In such cases, compliance of Or. 39 Rule 3 of CPC. s an essential factor. If temporary injunction application has been heard and is disposed of on merits, non-complainace of Or.39 Rule 3 CPC becomes insignificant. ... Order 39 Rule 2A of Code of Civil Procedure along with Sections 2 (b), 12 (1) and 12(3) of the Contempt of Courts Act, 1971, … simple tire wholesale

Order 39 rule 2a - Civil Law - lawyersclubindia.com

What is Order 39 Rule 2A? - LegalKnowledgeBase.com

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 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 … simple tire wheelsWebAug 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. ray green dillsboro indiana

"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. " - Order 39 rule 2a case laws

Order 39 rule 2a case laws

Injunction & Stay-Order-XXXIX, Rule-1 & 2 CPC Hello …

WebApplication 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. WebApr 3, 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.

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WebAug 7, 2024 · Rule 2-A provides the consequence of disobedience or breach of injunction as follows: (1) In the case of disobedience of any injunction granted or other order made … 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 …

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 … 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...

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 … WebIn 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."

WebDec 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.

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 … ray green fightWebMar 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 … ray green directorWebApr 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 … ray greenland masonryWebJul 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 … ray greene imdbWeb– (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 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 … ray green king city caWebJun 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. ray green immanuel baptist resignsWebMar 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. ray greenheck