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Bombay High Court Upholds Civil Imprisonment for Breach of Injunction in Property Dispute. Willful Disobedience of Court Order Under Order 39 Rule 2-A CPC Attracts Punishment Despite Pending Appeal.

The case involves a family dispute over land Gut No.84. The appellants (Vijaykumar and Anilkumar Kucheriya) filed Regular Civil Suit No.250 of 2015 fo...

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High Court of Karnataka Upholds Detention Order for Violation of Interim Injunction in Partition Suit — Willful Disobedience of Court Order Attracts Civil Prison Under Order 39 Rule 2A CPC.

The case arises from a partition suit filed by the respondents (plaintiffs) seeking 2/9th share in suit schedule properties. The Trial Court passed an...

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High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Order Dismissing Application Under Order XXXIX Rule 2-A for Non-Prosecution. Restoration of Application Granted as Plaintiff Was Not Given Sufficient Opportunity to Be Heard.

The appellant, Shantinath, was the plaintiff in O.S.No.306/2007 pending before the Senior Civil Judge and JMFC, Indi. He filed an interlocutory applic...

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Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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High Court of Karnataka Dismisses Contempt Petition for Alleged Willful Disobedience of Interim Order — No Willful Disobedience Established as Accused Complied with Order to Restore Water Connection Within Time Granted.

The complainant, Kishin T. Panjabi, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of th...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Status Quo Order in Cooperative Housing Society Dispute. Court holds that contempt petition was premature and without proper notice of order to alleged contemnors, imposing costs for abuse of process.

The petitioner, Pawan Kumar Sharma, filed a contempt petition alleging willful disobedience of an interim order dated 18.12.2015 passed by the Bombay ...