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Author Topic: Breach of injunction Order  (Read 1005 times)

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Offline raghava777

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Breach of injunction Order
« on: May 17, 2016, 11:12:07 AM »
We have a partition case pending in court and we have an injunction order also to stop selling the property by defenders. But one of the defender sold part of the property by breaching the court injunction order.
Can we file a contempt of court case against him and what is the punishment for this?
Can court take action against him immediately for violation of Injunction order or  do we need to wait for final judgment of  original suit to punish him.

Offline adv.amarnath

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Re: Breach of injunction Order
« Reply #1 on: May 20, 2016, 03:41:12 AM »
Selling out of his share while injunction order is in force, then you should be prudent in your decision. Filing Misc. Case for contempt against him, you should file a suit for cancellation of the said transfer as it was done by breach of injunction order. Please check the injunction order whether it restrained parties to the suit from alienating the suit property. Further please check that said order has been complied upon him or not. Filing contempt case will not be helpful rather hardly civil imprisonment will be order for few days.

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Amarnath Sanyal
Advocate
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Mob - 09830303322

Offline advjaibansal

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Re: Breach of injunction Order
« Reply #2 on: May 20, 2016, 08:28:13 AM »
Dear Sir,

Please file a contempt petition and also bring this to the notice of the court, which passed the injunction order.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: Breach of injunction Order
« Reply #3 on: May 21, 2016, 08:12:50 AM »
Hi
Need to see the interim order to see whether it is a contempt or not.

Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline raghava777

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Re: Breach of injunction Order
« Reply #4 on: May 21, 2016, 08:49:49 AM »
Below is the interim order by court on 15-10-2015
The Hon’ble Court on 15-10-2015 pleased to order urgent notice to the respondents and in the meanwhile that the respondents shall not alienate or any way encumber the schedule property till further orders

Offline advjaibansal

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Re: Breach of injunction Order
« Reply #5 on: May 23, 2016, 06:40:36 AM »
Dear Sir,

Its a good case for contempt. Please file the contempt Petition as well as application before the court information about the violation of the order of the court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raghava777

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Re: Breach of injunction Order
« Reply #6 on: May 23, 2016, 09:01:28 AM »
Thanks all for reply's.
Can court take action against him immediately for violation of Injunction order or  do we need to wait for final judgment of  original suit to punish him.
 

Offline adv.amarnath

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Re: Breach of injunction Order
« Reply #7 on: May 23, 2016, 07:17:40 PM »
Court should take actions right now after hearing of the petition but this will cause more delay in your partition case as well as you may loss your rights to go for cancellation of Deed of Sale. Let me explain you very clearly that contempt of court will lead him maximum to maximum, court will ask him to pass order for civil imprisonment. But if you file cancellation of Deed of Share, then it will be more effective as court will pass an order for cancellation of deed of conveyance at the end of the suit and there will be more pressure on him by the purchaser. Even purchaser may file a case of 420 against him. Now choice is yours.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline raghava777

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Re: Breach of injunction Order
« Reply #8 on: May 24, 2016, 09:14:46 AM »
Thanks Amarnath, I spoke to my lawyer and he said he is going to file both, one for cancellation of deed and one for civil imprisonment.Can we do that.

Offline adv.amarnath

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Re: Breach of injunction Order
« Reply #9 on: May 25, 2016, 11:45:18 AM »
Yes. but it will be costlier to maintain three cases at a same time. If you can afford it then go for it.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Breach of injunction Order
« Reply #10 on: May 26, 2016, 02:31:17 AM »
Dear Sir,

You can file both the cases at the same time.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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