What is Order 39 Rule 2A?
Asked by: Rosemary Franecki | Last update: February 19, 2022Score: 4.8/5 (50 votes)
When can an application under Order 39 Rule 2A CPC be filed in a court of law?
Application 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.
What is 3p Rule 39 CPC?
Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant-
What is an injunction order on property?
For example, a mandatory injunction makes the defendant deliver possession of a property to its rightful owner. When issuing a mandatory injunction, the Courts would take into consideration, whether the plaintiff could be adequately compensated or whether the grant of an injunction was necessary to do justice.
What are the consequences of disobedience or breach of injunction CPC?
The party committing disobedience and breach of Injunction, his property is liable to be attached and such person may also be detained in the Civil prison for a term, not exceeding three months. Attachment made under this Rule shall not remain in force more than a period of one year.
स्टे आर्डर (Stay order) की अवहेलना पर क्या प्रावधान है? Disobedience Stay order of Court O.39R2A CPC
Should disobedience of injunction be Wilful to invoke Order 39 Rule 2A CPC Supreme court doubts its earlier judgment?
Observations made by the Court
Surendranath, the bench of Justices R. Banumathi and AS Bopanna had observed thus: “For finding a person guilty of willful disobedience of the order under XXXIX Rule 2A C.P.C. there has to be not mere “disobedience” but it should be a “willful disobedience”.
What evidence do you need for an injunction?
An application for an interim injunction must usually be supported by evidence. This will usually be in the form of a witness statement or affidavit including all material facts of which the Court should be made aware, and attaching relevant documents.
What are the two types of injunction?
Definition: An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent Injunctions,Temporary restraining orders and preliminary injunctions. Temporary Retraining Orders (TRO) and Preliminary injunctions are equitable in nature.
How do you fight against order?
In case the same court declined to vacate stay order, appeal can be filed before the appellate courts including high courts and supreme courts. In order to vacate stay order it is important to convince the courts to title of ownership and possession of property and infringement of rights due to stay order.
When can an injunction be refused?
considered by court while granting injunction. The relief of injunction may be refused on the ground of delay, laches or acquiescence or whether the applicant has not come with the clean hands or has suppressed material facts, or where monetary compensation is adequate relief. As per amended Sec. 9-A (2) of the C.P.C.
What is the Section 151 CPC?
Section 151 of CPC
Section 151 deals with “Saving of inherent powers of Court.” This Section states that 'Nothing in CPC shall be considered to restrict or otherwise affect the inherent power of the Court to make such orders as may be important for the ends of justice or to limit abuse of the method of the Court.
Which Court can never pass a decree?
The Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court could not pass any further order beyond the judgment and decree passed by the trial court, in the absence of any cross-objection and/or cross appeal preferred by the plaintiff.
How many orders are there in CPC?
The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
What is CPC injunction?
An Injunction is a judicial process whereby a party is required to do, or refrain from doing, any act. It is the remedy in the form of an order of the court addressed to a person that either prohibits him from doing or continue to do such act.
What is breach injunction?
disobedience or breach of injunction - (1) In the case of disobedience of any injunction granted or other order made under ... granting the injunction or making the order made, the Court granting the injunction or making the order or any court. Supreme Court of India.
When can a temporary injunction be granted?
Temporary Injunction: The temporary Injunction is been granted by the Court when the Defendant is about to the make some injury to the property of the Plaintiff or threatens the Plaintiff to dispossess the property or creates a thirty party interest in the property, then in such situation, the Court may grant a ...
Can a stay order be vacated?
You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.
How long a stay order is valid?
Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled. Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled.
Why do courts give stay?
Stay order on the property- It is a temporary injunction on a property where the concerned property is being damaged or alienated or has been wrongfully sold in other cases where an opposite party is threatening to dispose of property or property is under dispute. It is granted by Court as per order 39 of CPC.
How long does injunction last?
Injunctions are typically granted for a set period - often six to 12 months - though they can be indefinite. Injunctions can also be renewed.
What is a negative injunction?
A court order, requiring a party not to do something or stop doing something it was engaged in.
What is a stay in law?
Stay is an action taken by a court to stop a legal proceeding or the actions of a party. A stay most commonly is issued by a court as a stay of proceedings in order to stop litigation from continuing, and they normally are only temporary.
How much does a court injunction cost?
There are no fees to file for an injunction against harassment. The judge may also order the losing party to pay for the winning party's court costs and attorney's fees. Although you do not need a lawyer to file for an injunction against harassment, it may be helpful to have a lawyer.
Who serves an injunction order?
A civil injunction order must normally be personally served upon the Defendant(s).
What happens if you break an injunction?
What is an injunction? An injunction is a Court Order that either prohibits a person from doing something or requires a person to do something. ... If you breach an injunction, you can be held in contempt of court, which could result in imprisonment.