Search Results for "Injunction Breach"

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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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Bombay High Court Allows Petition and Quashes Civil Imprisonment for Breach of Injunction Due to Lack of Knowledge of Injunction Order. The court held that under Order 39 Rule 2A of the Code of Civil Procedure, 1908, knowledge of the injunction order must be proved before punishing for breach.

The petitioners, Dr. Vinod Babarao Rode and Sou. Varsha Vinod Rode, filed a writ petition challenging an order dated 15.10.2010 passed by the trial co...

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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Passes Judgment on Interim Application and Contempt Petition Arising from Alleged Violation of Injunction in Trademark Suit. Petitioners Allege Wilful Disobedience of Order Restraining Use of 'Khadi' Mark and Association Name.

The dispute concerned an application under Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 and a contempt petition arising from alleged wilf...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....