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BHASKARA SASTRY (advocate)     04 September 2021

violated injunction



injunction violation court not taken steps even after violated defendant

 Total Replies : 0 

  BHASKARA SASTRY     03 September 2021temporary injection grated. violated the injunction even after intimation to police. police not done anything. later approached court for direct the police not to interfere with the process court blindly ordered counter what we have to do?


Learning

 3 Replies

Dr J C Vashista (Advocate)     04 September 2021

Your lawyer may proceed as per law on the subject.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 September 2021

An injunction is a Court Order that either prohibits a person from doing something or requires a person to do something. ... If a party breach an injunction, party can be held in contempt of court, which could result in imprisonment.

minakshi bindhani   15 September 2021

As per your query!

The injunction order passed under Order 39 Rule 1 of Civil Procedure Code, 1908. However, if there is any violation of such order the remedy availed in the Order 39 Rule 2A of CPC seeking attachment/ arrest of the violater for the contempt of the Court.

When a petition is filed seeking police aid under Section 94( e) and section 151 of the CPC, the court cannot pass the arrest order in a routine order.

The police assistance cannot be made unless the Court is fully satisfied with the existence of grave emergencies such as apprehension of violence by the persons against whom the order has been passed.

The court may exercise its power under section 151 of CPC for the exercise of inherent powers to prevent the abuse of the process of the court.

Hence, you may apply to Section 151 of CPC.

referring case law
N.Karpagam and others vs.P. Deivanaiammal and others (AIR 2003 )

Hope it clarifies the issues!
Regards
Minakshi Bindhani.

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