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Swami Sadashiva Brahmendra Sar (Nil)     12 June 2009

violation of interim order

 Interim injunction order  passed in the suit was flouted and disobeyed by defendants . But, ultimately Civil Court found to have no jurisdiction to entertain the suit . whether the defendants can be punished for violation of said interim orders.



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 14 Replies

Kiran Kumar (Lawyer)     13 June 2009

well i think no the violator can not be punished in such a situation. order devoid of valid jurisdiction holds no legality in my opinion. i ll find some law also.

adv. rajeev ( rajoo ) (practicing advocate)     13 June 2009

Dear doctor,

Without having the jurisdiction order passed by the court is invalid.

Y V Vishweshwar Rao (Advocate )     29 June 2009

I agree with the lrd friends and the Jurisdiction is the necessary  for passign any orders ,  if the jurisdiction is noticed at the earlienst there may not be any order in suit .

 

Swami Sadashiva Brahmendra Sar (Nil)     29 June 2009

Thanks to all of you! Let us see views of other ld. friends also.

Deepak Jain, Hisar (Practicing Lawyer)     30 June 2009

Order Passed without jurisdiction is not Valid.. I Agree with this Term of Law on this point.

Ramakrishnan.V (Lawyer)     02 July 2009

Though an order passed without jurisdiction be a nullity or to call it in legal parlance as 'Corum Non-Judice" what about the order that was there unless it was declared till by the court to find it had no jurisdiction.  If the contempt of court petition was brought and the alleged contemner could be punished by law and would the high court at the stage of hearing the contempt petition would it be permitted to go into the question of jurisdiction of the court.  Would anyone answer me on this point

Ramakrishnan.V (Lawyer)     02 July 2009

an order passed by a court  without jurisdiction may be a nullity but the question is unless the court finds and come to the conclusion and declares that it has no jurisdiction, till then the interim order is a valid order.  Any order passed and any disobidience if prssed for contempt of court proceedings whill the court then analyse the question of jurisdiction and conclude the interim order is a 'Corum non judice

Ramakrishnan.V (Lawyer)     02 July 2009

If the order till delcared by the competent court that it is not a nullity or coram non-judice, till then, it is valid law.  Then before the declarion of coraum non judice a contempt of court proceeding was pressed into service, then would the High court look into the jurisdictional aspect.  Would anyone answer me and what would be the effect of punishment when passed before such a finding

prabhu selvarasu (advocate)     02 July 2009

 mr. ramakrishnan is correcet because untill court declare "this court has no jurisdiction"  that interim order is valid. this is my view only. 

 

regards

prabhu

Amit Gupta (Advocate)     04 July 2009

yes definetly... once an intrim order is passed whether right or wrong the defendents are always compelled to obey it. if defendents are agrived of the intrim order thn they may aproch the higher courts to get it vacated. but if the intirm order exists and that is defied they are liable to be procecuted under or. 39-1-2a.

V.V.RAMDAS (Advocate)     03 August 2009

 Mr Ramakrishna is correct - because unless and untill the order of one court is set aside by the higher court , it holds good. So violating party is  definitly entiled for punishment.

ashoksaini (advocate)     06 August 2009

violation of interim injuction order by a court  without jurisdliction is punisable under O39 R2-A.

Aftab4u (PVT EMPLOYEE)     01 September 2011

Sir,

thx for sending the valuable info :

my question is iam a muslim married according to shariat law in the year 2006 my wife left me with in 3 months coz she have some illegal affairs and filed a loads of cases against me and filed a case of 498-a etc on me i given her divorse in the year 2009 as per the personal law she filed a case in family court to restrict me for going for 2nd marriage but after some hearing the hon'ble court dismissed the orders to restrict me for going 2nd marriage. she filed the case in the High Court for interim junction to restrain me for going for 2nd marriage and that orders also vacated in the Hon'ble court and i performed marriage when there was no interim injuction was pending....and later on the interim injuction was restored when i performed the 2nd marriage but on my marriage period there was no orders....now she filed a case in the hon'ble court that i have done a contempt of court and she was saying that 30days time frame is there for her to again file petetion after court orders.....only Interim orders were vacated not the appeal kindly help me that have i done any contempt of court ?? is there any judgement saying that for any interim injuction orders there is a time for 30days to file any appeal by the petetioner.

I HAVE NOT DONE ANYVIOLATION WHEN THE ORDER WAS PENDING I GOT MARRIED WHEN THE ORDER WAS VACATED !!

pls help !

kvss.prabhakar rao (Advocate )     10 September 2011

Mr. In civil Case the jurisdiction is an important  one. in any case the suit filed in wrong court  having no jurisidictiion the court have no ample ower to pass order Or if the trial commences in such the court found have no jurisdiction soon it may return  the  suit to present proper court. So all the exepert says with out jurisdicion no cuase of arises to court to entertain any order.

K.V.S.S PRABHAKAR RAO, ADVOCATE, RAJAHMUNDRY  ( A.P )


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