Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ashok kumar (Social Worker)     19 December 2012

Civil restrain

 

B contends that A owes some money to B, but A denies. B starts telephoning A again and again and disturb his privacy. A serves a legal notice on B but B does not relent so A files a Civil suit for restrain against B & requests the court to restrain B from telephoning A again & again.

 

The summons are duly served on B but he does not appear to contest or deny. A gives to the Court the details of the calls with date and time

 

The court makes order of ex parte proceedings

A (the plaintiff) leads evidence by means of affidavit on oath

 

However the Court dismisses the plaint of A and refuses to restrain B from making telephonic calls to A mainly on 2 grounds

(i)That A has not filed any FIR against B

(ii)Relying on Section 41(F) of the Specific Reliefs Act

Section 41. Injunction when refused

 An injunction cannot be granted. -

 (f) To prevent, on the ground of nuisance, an act of which it is not reasonably clear that It will be a nuisance;

 

My Queries:

1.Is intruding the privacy of some one by telephoning him again and again against his desire not a nuisance?

2.What is the remedy available to the plaintiff in the above mater against the judgment of the trial court?

3.Can A sue B for damages harassment ?

4.What Civil Remedy is available to A against B?

 

ashokkumar@calibreplacements.com



Learning

 2 Replies

JANAK RAJ VATSA (ADVOCATE)     21 December 2012

you  can go for appeal against the order

ashok kumar (Social Worker)     21 December 2012

Pl let me know  whether intruding the privacy of some one by telephoning him again and again against his desire not a nuisance?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register