Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment
3 years, 7 months ago

Should Disobedience Of Injunction Be 'Wilful' To Invoke Order 39 Rule 2A CPC? Supreme Court Doubts Its Earlier Judgment

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The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience.A bench comprising Justices RF Nariman and BR Gavai made this observation in the Amazon-Future Retail case.Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 and 2,. The Supreme Court doubted the correctness of its earlier judgment that had held that Order XXXIX, Rule 2-A of the Code of Civil Procedure requires not "mere disobedience" but "wilful disobedience. Rule 2-A is primarily intended to enforce orders passed under Order XXXIX, Rules 1 and 2, the bench observed adding that the judgment in U.C. It is quite another thing to say that Order XXXIX, Rule 2-A requires not "mere disobedience" but "wilful disobedience".

Supreme Court Judgment Court Civil Civil Procedure Orders Order Cpc Bench Rule Injunction Br Gavai Wilful Willful Disobedience Disobedience Rf Nariman Rule 2 Order 39 Xxxix Justices Rf Nariman Order Xxxix Its Earlier Judgment  injunction  doubts  2a  supreme  rule  court  orders  xxxix  civil  invoke  judgment  disobedience  wilful  order  bench  earlier

History of this topic

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court
2 weeks, 3 days ago

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court

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The Supreme Court observed that the subsequent setting aside of an injunction order would not preclude the courts from holding the party guilty of disobedience of the committed during the pendency of the order. The Court's decision was based on the precedent established in the case of Samee Khan v. Bindu Khan 7 SCC 59, where it was held that …

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court
3 months, 3 weeks ago

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court

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The Supreme Court recently cautioned the Appellate Courts against casually interfering with well-reasoned interlocutory orders passed by the trial courts, stating that the Appellate Court's discretion in vacating the interlocutory order should only be exercised if it is shown that the interlocutory order was arbitrary, capricious, perverse, or contrary to established legal principles. Setting aside the High Court's order, the …

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case
3 years, 1 month ago

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

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While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not …

'Party Autonomy One Of The Pillars Of Arbitration' : Key Takeaways From Amazon- Future Retail Judgment Of Supreme Court
3 years, 7 months ago

'Party Autonomy One Of The Pillars Of Arbitration' : Key Takeaways From Amazon- Future Retail Judgment Of Supreme Court

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The Supreme Court in its judgment in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited held that an award/order by an Emergency Arbitrator would be covered by Section 17 of the Arbitration and Conciliation Act and it can be enforced under the provisions of Section 17. It also held that no appeal lies under Section 37 of the Arbitration …

Only Wilful And Deliberate Disobedience To Court's Order Amounts To Contempt: Supreme Court
4 years, 2 months ago

Only Wilful And Deliberate Disobedience To Court's Order Amounts To Contempt: Supreme Court

Live Law  

The Supreme Court has observed that before before punishing a person for non-compliance of the decision of the Court, the Court must not only be satisfied about the disobedience of any judgment, decree, direction, writ or other process but should also be satisfied that such disobedience was wilful and intentional.The bench comprising Justices AM Khanwilkar and BR Gavai observed thus …

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]
5 years, 7 months ago

A Person Can Be Held Guilty For Violation Of Injunction Only When Disobedience Was Willful: SC [Read Judgment]

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The Supreme Court has observed that a person can be held guilty of willful disobedience of the Order XXXIX Rule 2A of the Code of Civil Procedure, not for mere "disobedience" but only for "willful disobedience. "In this case, the Trial Court passed an order of injunction and restrained Surendranath from passing off the goods by using trade mark "Mambally's …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

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The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]
7 years, 7 months ago

Duty Of Court To Set The Wrong Right In Case Of Wilful Disobedience Of Court Order: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court, while disposing of a second appeal in a civil suit, has made an observation pertaining to the objective of Rule 2-A of Order 39 of the Code of Civil Procedure.Justice Tarlok Singh Chauhan observed that the primary object of the said provision is not to punish a person, who has disobeyed the order of injunction, …

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