21 May 2018
GIVEN THE PRESENT SET OF CIRCUMSTANCES AS MAY BE SEEN FROM THE ALLEGATIONS (SUPPORTED BY FACTS), IT APPEARS THAT THIS IS A CASE TO INVOKE CONTEMPT OF COURT PETITION. PETITION FILED UNDER ORDER XXXIX RULE 2-A OF CPC AND SEC. 12 OF THE CONTEMPT OF COURTS ACT DE FACTO & DE NOVO ISSUES & GROUNDS TO INVOKE CONTEMPT OF COURT (CONTUMACIOUS VIOLATION OF INJUNCTION ORDER) RESPONDENT’S CONDUCT FULFILLS ALL PRE AND POST CONDITIONS FOR HOLDING A PERSON LIABLE FOR CIVIL CONTEMPT, inter alia — APPLICATION SHOULD BE ALLOWED FOR THAT, inter alia, — 1. THERE HAS BEEN A JUDGEMENT OR ORDER OF DECREE OF DIRECTION OF WRIT OR OTHER PROCESS OF A COURT; OR 2. AN UNDERTAKING GIVEN TO A COURT; AND 3. THE JUDGMENT, ET. SEQ., WAS OF AN UNDERTAKING MUST BE GIVEN TO A COURT; 4. THERE HAS BEEN A DISOBEDIENCE TO SUCH JUDGMENT OR BREACH OF SUCH UNDERTAKING; 5. THE DISOBEDIENCE OR BREACH, AS THE CASE HEREIN, IS WILLFUL AND CONTUMACIOUS
SAMPLE AFFIDAVIT FORMAT TO INVOKE THE PETITION The brief facts, as propounded by the PETITIONER, as averred thus — 1. THAT … xxx … Mention the date of the injunction order as well as specific instances of the violation of the injunction order by the Respondent. Support the allegations made herein using documents, affidavits and so on, which needs to be marked as and admitted as evidence. … xxx 2. THAT the RESPONDENT has gleefully, continuously, willfully and contumaciously disobeyed a standing order from the Hon’ble Court DATED xxx … xxx , which includes, inter alia — (a) XXX (b) XXX (c) XXX PRAYER 3. For the reasons stated in the accompanying affidavit, the petitioners herein pray that this Hon’ble Court may be pleased to: Punish the contemnor respondent for willful and contumacious violations of the Court Order, by immediately confining the respondent(s) to Civil Prison for such period as deems fit and proper in the circumstances of the case, along with imposing exemplary cost upon the willful contemnor.
TABLE OF AUTHORITIES – LEGAL PROVISIONS STATUTES 1. GENERAL CLAUSES ACT, 1897 2. CIVIL PROCEDURE CODE, 1908 3. CIVIL PROCEDURE CODE (AMENDMENT) ACT, 2002 4. TRANSFER OF PROPERTY ACT, 1882 5. SPECIFIC RELIEF ACT, 1963 6. CONTEMPT OF COURT ACT, 1971 S. No CASE LAW IN SUPPORT OF CONTEMPT OF COURT PETITION FILED BY PETITIONER 1 ABL International Ltd. And Anr. v. Export Credit Guarantee Corpn., I. Ltd. and Ors., 2005 (10) SCC 495 2 All Bengal Excise Licensees Association v. Raghabendra Singh & Ors., 2007 11 SCC 374 3 Anil Ratan Sarkar & Ors. v. Hirak Ghosh & Ors., 2002 (4) SCC 21 4 B. Krishna Reddy v. Pushpa Subrahmanyam & Ors., 2011 (6) ALT 73 5 Babu Singh v. State of U.P. And Ors., 2005 (9) SCC 741 6 Bal Thackrey v. Harish Pimpalkhute Ors., 2005 (0) AIR(SC) 396 7 Bigyan Kumar and Ors. v. Union of India and Ors., 1988 (3) SCC 603 8 Bihar Finance Service H.C. Coop. Soc. Ltd., v. Gautam Goswami & Ors., 2008 (5) SCC 339 9 Bombay Environmental Action Group & Anr. v. The Municipal Corporation of Pune & Ors., 1996 (8) SCC 57 10 C. Elumalai & Ors. v. A.G.L. Irudayaraj & Anr., 2009 (4) SCC 213 11 C.Sadhainandam v. Rama Murthy, 1997 (4) ALD 225 12 Chandra Shashi v. Anil Kumar Verma, 1995 (1) SCC 421 13 Chandrabhaga Bai v. B.S. Patil, 2004 (13) SCC 698 14 Delhi Development Authority v. Skipper Construction Company (P) Ltd. & Anr., 1996 (4) SCC 622 15 Dhananjay Sharma v. State of Haryana and Ors., 1995 (3) SCC 757 16 Director of Education, Uttaranchal v. Ved Prakash Joshi, 2005 (6) SCC 98 17 Director of Rationing and Distribution v. The Corporation of Calcutta, 1960 (0) AIR(SC) 1355 18 Giani Ram v. Ramnath Dutt, 1955 (0) CrLJ 1108 19 Hira Lal Dixit v. State of U.P., 1954 (0) AIR(SC) 743 20 I.B.Suguna Devi v. Sri C.B.S.Venkata Ramana, IAS, Secretary of Govt., Education Dept., Hyd. and Ors., 2008 (6) ALD 259 21 Income Tax Appellate Tribunal through its President v. V.K. Agarwal & Anr., 1999 (1) SCC 16 22 Indradeo Singh v. Bihar State Housing Board, 1996 (1) PLJR 886 23 J. Vasudevan v. T.R. Dhananjaya, 1995 (6) SCC 249 24 K.Brahmaji Rao v. Prabhala Raja Gopal, 2001 (4) ALT 261 25 K.Seshappa v. Francis Xavier Church, 1999 (3) CivCC 506 26 Kapildeo Prasad Sah & Ors. v. State of Bihar & Ors., 1999 (7) SCC 569 27 Keshrimal Jivji Shah Anr. v. Bank of Maharashtra & Ors., 2004 (3) CivCC 375 28 L.D. Jaikwal v. State of U.P., 1984 3 SCC 405 29 M. Y. Shareef and Anr. v. Hon ble Judges of the Nagpur High Court and Ors., 1955 (0) AIR(SC) 19 30 M.C. Mehta v. Union of India & Ors., 2003 (5) SCC 376 31 Maninderjit Singh Bitta v. Union of India & Ors., 2012 (1) SCC 273 32 Maruti Udyog Limited v. Mahinder C. Mehta and Ors., 2007 (13) SCC 220 33 Mohd. Aslam alias Bhure v. Union of India, 1994 (6) SCC 442 34 Murray & Co. v. Ashok Kr. Newatia & Anr., 2000 (2) SCC 367 35 Naresh Chandra Kapoor V. O. P. S. Malik, 2004 (0) CrLJ 2392 36 Narmada Bachao Andolan v. State of Madhya Pradesh and Anr., 2011 (7) SCC 639 37 Pankaj Bhargava And Anr. v. Mohinder Nath And Anr., 1994 (6) SCC 4 38 Patel Rajnikant Dhulabhai v. Patel Chandrakant Dhulabhai And Ors., 2008 (0) AIR(SC) 3016 39 Prithawi Nath Ram v. State of Jharkhand & Ors., 2004 (7) SCC 261 40 Pudi Appala Naidu v. Praveen Prakash, 2006 (1) ALT 650 41 R.K. Anand & Anr. v. Registrar, Delhi High Court, 2009 (8) SCC 106 42 Rajendra Prasad v. Raja Ratan Gopal Sainchar, 1995 (3) ALT 893 43 Rama Narang v. Ramesh Narang & Anr., 2009 (16) SCC 126 44 Ranjit Kumar Haider v. State Of West Bengal, 2006 (1) CalLT 355 45 Ranveer Yadav v. State of Bihar, 2010 (11) SCC 493 46 Shambhoo v. H. L. Prasad, 2003 (0) CrLJ 1859 47 Sheoraj v. A. P. Batra, 1955 (0) AIR(All) 638 48 Sode Ramulu v. K.L.V. Prasad, 2011 (6) ALT 119 49 T. Arivandandam v. T. V. Satyapal and Anr.,1977 4 SCC 467 50 T.N. Godavarman Thirumalpad Through The Amicus Curiae v. Ashok Khot & Anr., 2006 (5) SCC 1 51 Tayabbhai M. Bagasarwalla & Anr. v. Hind Rubber Industries Pvt. Ltd. etc., 1997 (3) SCC 443 52 Union of India & Ors. v. Subedar Devassy PV, 2006 (1) SCC 613 53 Welset Engineers and Ors. v. Vikas Auto Industries and Ors., 2015 (10) SCC 609
DISCLAIMER NOTICE: This Message and any files transmitted with it are for the sole use of the intended recipient(s) and may contain confidential and privileged information. This message or any part of it is not construed to be Legal Advice. For legal help, kindly contact a lawyer that specializes in the area of your concern. If you are not the intended recipient, please contact the sender by reply Message and destroy all copies of the original message. Any unauthorized review, use, disclosure, dissemination, forwarding, printing or copying of this message or any action taken in reliance on this Message is strictly prohibited and may be unlawful.
22 May 2018
In addition to Anil Satyagrahas contribution I'd like to add that whenever there is a wilful disobedience of injunction order you can get the remedy of exemplary damages and also the person who committed breach of injunction will be liable for civil contempt of court for which punishment is 6 months imprisonment and fine.